Global Trademark GO - Bulgaria - Introduction to Bulgarian Trademark Application

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Bulgarian trademarks can be applied for text trademarks, graphic trademarks, sound trademarks, collective trademarks, certification marks, etc. . In Bulgaria, you can apply for a trademark in multiple categories.

1. Trademark authority

2. How to apply for trademark registration

  • Electronic submission, including: mail, fax and electronic means. If submitted by fax, the original document must be sent to the BPO within 1 month from the date the fax is sent, and the original document must be clearly marked with the date the fax was sent.

3. Trademark registration application language

  • Bulgarian

4. Documents required for trademark registration application

  • Trademark registration application form containing applicant’s name and address
  • Trademark pattern
  • List of goods and/or services
  • The power of attorney can be resubmitted 2 months from the date of application.
  • Priority documents can be submitted 2 months from the date of application. A Bulgarian translation is only required if requested by the BPO.

5. Bulgarian trademark registration application process

  • After receiving the trademark registration application, the BPO will conduct a formal examination and a substantive examination. The trademark application that passes the formal examination will be recorded in the trademark application registration book and given a trademark application number and application date. At the same time, the BPO will also review the trademark registration application fee. Proof of payment in full. If the proof of payment is not attached, the applicant has 14 days to submit it to correct the defect. If the overdue application is made within 14 days after the expiration of the time limit, double the application fee will be required. If the application fee is not paid within this period, the trademark application will be deemed withdrawn. The trademark applied for must designate one or more classes of goods and/or services within the Goods and Services Classification. Application documents should include:
    • Request for trademark registration and list of attached documents;
    • The applicant’s identity certificate, address, and nationality;
    • power of attorney;
    • Priority information and priority documents;
    • Trademark/Service List;
    • Description or description of the trademark/element/color/spelling;
    • For a trademark that is required to be divided, information on the previous trademark is required;
    • Description of trademark type/type;
    • Rules for the use of collective trademarks and certification marks;
    • Proof of payment of trademark application fee.
  • After passing the formal examination, the trademark registration application enters the substantive examination stage. The BPO will notify the applicant to correct the defects in the trademark application within one month. If the applicant cannot eliminate the defects during this period, the review will be terminated. If the reviewed trademark contains multiple trademarks, the applicant can split the trademark application within one month, and the split applications will retain the filing date and priority date of the original application.
  • Within two months from the date of publication of the trademark in the official gazette of the Patent Office, the BPO examines the trademark application on absolute grounds. If there are reasons for rejection of all or part of the goods or services, the BPO will notify the applicant and grant a two-month objection period. Within this period, if the applicant does not respond or cannot overcome the deficiencies, the BPO will make a decision to reject the application in whole or in part. In the case of a partial rejection, the applicant has the opportunity to file a request for partition of the application within one month of receipt of the decision, or during the proceedings to appeal the rejection decision. If the regulations are met, the trademark application will be published in the Patent Office Bulletin.

6. Documents required for trademark change/transfer

  • power of attorney
  • Name/address change information
  • transfer agreement
  • Trademark registration certificate

7. Trademark cancellation

  • If a trademark is not used in Bulgaria within 5 years after registration, the trademark may be revoked unless there is a legitimate reason for non-use.

8. Trademark objections

  • Within three months from the date of publication of the trademark, anyone can object to the trademark registration. The objection request fee is payable at the time the objection is filed and no later than the expiry of the three-month period for filing the objection.
  • A request for objection must include:
    • Data about opponents;
    • The legal information on which the objection is based;
    • The trademark information of the opposed party, including registration number, name, applicant name, and name of the holder of the international registration;
    • The opposed party shall separately describe the goods and/or services mentioned in the trademark application in the international registration;
    • Data on the earlier trademark and/or earlier right on which the opposition is based, including the entry or registration number, goods and/or services to which the trademark is based, and the name of the owner of the earlier trademark;
    • A description of the goods and/or services on which the objection is based;
    • Detail the reasons, arguments and motivations on which the objection is based and provide evidence where necessary;
    • If paying by bank transfer, proof of payment must be provided;
    • Provide a power of attorney;
    • When the objection is raised in accordance with Article 12, paragraph 5, of the Administrative Litigation Law, the effective court litigation certificate or court judgment shall be issued.

9. Authorization, validity period and trademark renewal

  • Registration fees should be paid within 1 month after trademark registration. The validity period of a Bulgarian trademark is 10 years from the date of application. It can be renewed for 10 years after paying the renewal fee. Renewal fees are due within the last year of validity, or within 6 months of expiration, subject to late payment fees.

10. Average time for trademark authorization

  • If the trademark registration goes smoothly, the average time for trademark registration in Bulgaria is 16-18 months.