WHAT IS A TRADEMARK
A trademark is a sign that is capable of distinguishing the goods or services of one person from those of other persons and may be represented in the State Register of Trademarks in a manner that permits the subject matter of the protection conferred by the registration to be clearly and precisely identified. Such signs may be, for example: words, including the names of persons, letters, figures, numbers, drawings, shapes, the form of the goods or of their packaging, colours, sounds or any combination of such signs.
The right to a trademark shall be acquired by registration of the trademark with the Patent Office of the Republic of Bulgaria as of the date of filing of the application. The term of the registration shall be 10 years from the date of filing of the application. The registration may be renewed indefinitely for further periods of 10 years.
The right to a trade mark includes the right of the proprietor to use it, to dispose of it and to prohibit third parties from using in the course of trade, without his consent, any sign for goods and/or services which is identical or similar to the trade mark and which is used for goods or services identical to those for which the trade mark is registered.
The trademark may be subject to:
– a transfer transaction or a licence agreement;
– security for a future or pending claim;
– of enforcement;
– on a special pledge, etc.
TRADEMARK REGISTRATION PROCEEDINGS
Preliminary examination of identical or similar trade marks
In order to register a trademark, a thorough search should first be made by a specialist for registered trademarks that look identical or similar to the mark that the proprietor wishes to register and include identical goods and/or services in their scope. This service is also offered by the Patent Office. Accurate and precise research will save you a lot of headaches in the process of registering and protecting your mark. This is because if an opposition is filed against an applied-for trademark, it is possible to have it refused registration in the State Register if it is found that the same is identical to an earlier trademark and the goods or services of the applied-for trademark and the earlier trademark are identical. The registration of a trade mark may also be refused where, by reason of the identity or similarity of the earlier mark and the identity or similarity of the goods or services of the two marks, there is a likelihood of confusion on the part of the consumer involving a possibility of association with the earlier mark.
The Law also provides for the so-called absolute grounds for refusal of registration of a trademark, which must be observed in order for the registration of your trademark to be carried out, such as a trademark which has no distinctive character; which consists exclusively of signs or indications which have become customary in the spoken language or in the established commercial practice in the Republic of Bulgaria with respect to the goods or services applied for; a trademark which is contrary to public order or good morals, etc. shall not be registered.
Our advice is to leave it to a specialist in the field to assess whether your business sign meets the requirements of the law and to carry out the necessary checks and research.
Filing a trademark registration application with the Patent Office
After a thorough preliminary investigation, the trademark application is filed. It is filed with the Patent Office by mail, fax or electronic means. The application shall have explicit statutory content. It is essential to indicate the goods and/or services for which registration is sought, which should be classified according to the International Classification of Goods and Services. Proof of payment of fees should be submitted with the application.
Formal expertise
After the application has been submitted, the first step is to check whether the fees have been paid and, accordingly, to give instructions for their payment or supplementary payment within a specified period. It is also checked that everything is in order on the application, and a time limit is given to rectify any irregularities found.
Substantive expertise
Within two months of the conclusion of the formal examination, an examination shall be carried out to verify the absolute grounds for refusal of registration of a trademark. Where there are grounds for refusal of registration in respect of all or part of the goods or services, the applicant shall be notified, stating the grounds for refusal, and shall be given a period of two months in which to object. Where the applicant fails to reply within the time limit, fails to make valid objections and/or fails to restrict the list of goods or services, a decision shall be taken to refuse in whole or in part.
Publication of the request
Any application which meets the requirements of formal regularity and for which the absolute grounds for refusal of registration do not exist shall be published in the Official Bulletin of the Patent Office. Publication shall take place within one month of the conclusion of the examination on the merits. Within three months of the publication, an opposition to the registration of a trademark applied for under this Law may be filed with the Patent Office on the basis of the relative grounds for refusal of registration.
Trademark registration
Within 7 days of the expiry of the time-limit for filing an opposition, where none has been filed, or, as the case may be, of the entry into force of the decision rejecting the opposition in whole or in part as unfounded, a decision shall be taken to register the trade mark. The trade mark shall be entered in the State Register of Trade Marks and published in the Official Gazette of the Patent Office within one month of the date of the decision, and a certificate of registration shall be issued to the applicant.
Overall, the registration of an applied-for trademark, with no opposition filed against it, takes up to one year.
Trademark registration fees
A state fee of BGN 520 shall be paid for applying for registration of a trademark and examination up to three classes. For each subsequent class 30 BGN shall be paid. For the issuance of a registration certificate, BGN 50 shall be paid.
MARK OF THE EUROPEAN UNION
The European Union trademark is a trademark registered at the European Union Intellectual Property Office. It has effect in all countries of the European Union. It is both an alternative and a complement to national trade mark registration.
The procedure for registering a European Union trade mark is identical to that for registering a trademark. What differs are the longer time limits and the higher fees. By comparison, a trade mark registration for one class of goods and/or services is subject to a fee of €850, a second class is subject to an additional €50 and each subsequent class €150.
Due to the specifics of each case, the legal requirements may be different. In view of this, we advise you to consult a lawyer who will consider your case from every legal perspective.
The lawyers of Concordia Law Firm are available to respond to inquiries by phone +359 878583010, e-mail, or through the contact form, as well as for comprehensive assistance in connection with trademark and EU trademark registration.
