BULGARIA

• Kinds of Trademarks registrable in BULGARIA

  • Following indications may be used as Trademarks in Bulgaria:

    1. Word marks
    2. Proper Names
    3. Letters
    4. Numbers
    5. Drawings
    6. Logo marks (Devices)
    7. Word marks in combination with letters and numbers
    8. Label marks with pictures, images, symbols and drawings
    9. Figurative marks
    10. Slogans
    11. Sound Marks
    12. Form and shape of goods
    13. Packaging of goods
    14. Combination of all of the above

    However, Holograms are not registrable, as they are considered to be not constant in representation.

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    • Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in BULGARIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Bulgaria:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed mark being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    Trademarks consisting exclusively of shapes:

    • Resulting from the nature of goods
    • Necessary in obtaining a technical result.
    • Which gives substantial value to the goods.
• Kinds of Trademarks not registrable in BULGARIA

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Bulgaria:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Trademarks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed mark being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.Trademarks consisting exclusively of shapes: – Resulting from the nature of goods- Necessary in obtaining a technical result. – Which gives substantial value to the goods.

    Trademarks consisting exclusively of shapes:
    – Resulting from the nature of goods
    – Necessary in obtaining a technical result.
    – Which gives substantial value to the goods.

    TrademarkCopia through its associate Law Firms and Lawyers in Bulgaria is at hand to help you with trademark registration and prosecution.

     

• Trademark Search in BULGARIA

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    This is to ensure that there is no conflict.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Bulgarian Trademark Office.

    After conducting a search and ascertaining that there are no conflicting marks, the trademark application can be filed.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Bulgaria.

• Trademark Filing in BULGARIA

  • Filing is done with the Trademark office of Bulgaria.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in BULGARIA

  • Once the trademark application is filed, a formality examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks followed by substantial examination.

    If the trademark application is found to be in compliance with all the requisites, it is published.

• Trademark Publication & Opposition in BULGARIA

  • Once the trademark application is found to be compliant with all the necessary requisites and has overcome objections if any from the examiners, it is published. Post publication, interested third parties may lodge their opposition to the registration of the mark.

    It is pertinent to note that, a person filing the opposition to the registration of the trademark shall not be a party to the proceeding and upon request, he shall be entitled to get information regarding the outcome of the objection.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Bulgaria can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in BULGARIA

  • Once the trademark is accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a Certificate of registration.

    Trademark registration in Bulgaria is valid for 10 years from the date of filing after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners: Trademarks may be:

    1. Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in BULGARIA

  • Prior to Filing: usage of the mark prior to filing is important to acquire distinctiveness for generic and descriptive marks through continuous usage of the marks in commerce.Post Filing:

    Failure to use the mark post registration for 5 yrs. continuously could lead to premature termination of the mark.

• Trademark Cost of Registration in BULGARIA

  • Please write mail for the cost of registration of trademark in Bulgaria or European Union to the mail address given below:

    contact@trademarkcopia.com