Trademarks Law in Bulgaria
Certainly! Here's a detailed overview of Trademark Law in Bulgaria:
π§π¬ Trademark Law in Bulgaria
Legal Framework
The primary legislation is the Law on Marks and Geographical Indications, originally enacted in 1999, with several amendments β most notably in 2019 β to align with EU Directive 2015/2436.
Bulgaria is a member of the European Union, so EU trademark law and regulations also apply directly.
Key international treaties:
Paris Convention
Madrid Agreement and Protocol
TRIPS Agreement
Nice Agreement
WIPO-administered treaties (e.g., Singapore Treaty)
Administering Authority
Bulgarian Patent Office (BPO) is responsible for:
National trademark applications
Enforcement support
Public registries
For EU trademarks, the responsible body is the European Union Intellectual Property Office (EUIPO).
What Can Be Registered?
Under Bulgarian law, a trademark can be any sign that:
Distinguishes goods or services of one entity from another
Is capable of graphical representation
This includes:
Words, names, slogans
Logos, letters, numerals
Shapes, colors, sounds, and multimedia signs (if distinctive)
Registration Process
Application Filing with BPO:
Applicant info
Trademark representation
List of goods/services (Nice Classification)
Formal Examination: Ensures the application is complete.
Substantive Examination: Checks for absolute and relative grounds for refusal (e.g., descriptiveness or conflict with prior marks).
Publication: If accepted, the mark is published in the Official Bulletin.
Opposition Period: Third parties have 3 months to file opposition.
Registration: If no opposition (or opposition is unsuccessful), the trademark is registered.
Duration and Renewal
Valid for 10 years from the filing date.
Can be renewed indefinitely for additional 10-year periods.
Renewal requests must be filed within the last year before expiry (with a 6-month grace period after expiration).
Rights Conferred
The owner of a registered trademark has the exclusive right to:
Use the trademark in commerce
Prevent others from using confusingly similar marks
License or assign the trademark
Use Requirement and Non-Use Cancellation
A trademark must be used in Bulgaria (or the EU if it's an EU trademark) within 5 years after registration.
Non-use for 5 continuous years can result in cancellation at the request of a third party.
Enforcement
Trademark infringement can be pursued through:
Civil litigation (injunctions, damages, seizure of infringing goods)
Administrative actions through the BPO
Customs enforcement
Criminal proceedings for counterfeiting
International Protection
Bulgaria is a party to the Madrid Protocol, allowing international registrations.
A trademark can also be protected across the EU via the European Union Trademark (EUTM) system.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law on Marks and Geographical Indications (as amended) |
| Administering Authority | Bulgarian Patent Office (BPO) |
| Duration | 10 years, renewable indefinitely |
| Use Requirement | Must be used within 5 years of registration |
| Opposition Period | 3 months post-publication |
| International Systems | Madrid Protocol, EUIPO (for EUTMs) |
| Types of Marks | Word, logo, sound, color, shape, multimedia |
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