Register a Trademark in Bulgaria

In Bulgaria, it is common for different persons or legal entities to register trademarks. In order to register a trademark in Bulgaria, you can fill in either an application request in Bulgaria or a registration request on a centralized European level. Regardless of the chosen method, you can rely on our Bulgarian lawyers for support.

Steps to register a trademark in Bulgaria

There are several steps to complete in order to obtain a Bulgarian registered trademark. Specifically:

1. You need to prepare the registration file;
2. Submit the documents with the Bulgarian Patent Office;
3. Wait for the trademark to be examined and published;
4. Obtain the Certificate of Registration.

Our lawyers in Bulgaria can represent you for trademark registration in this country.

Documents required for trademark registration in Bulgaria

The file to prepare and submit with the Patent Office in Bulgaria is not extensive, and must comprise:

• an application form;
• details of the applicant (name, address);
• a representation of the mark (graphical representation is no longer required since the 2019 law);
• a list of the goods or services it will designate;
• the rules to use the trademark, if it is a collective or certification mark;
• a power of attorney, should you choose to work with our Bulgarian lawyers.

Based on the registration file, you will be issued a filing date first. On the respective day, you can submit the documents. Please note that the application must be signed by the person/representative of the company in whose name the registration will be completed. If you decide to appoint one of our lawyers, he or she will sign the application.

What you can register as a trademark

There are many items that can be registered as trademarks, such as: words, signs or shapes, graphical representations, emblems, reliefs, denominations, letters, rhythmic or musical interpretations, and many more. However, there are multiple restrictions, among which are: marks that are devoid of all distinctive characters, signs that consist exclusively of the shape of goods dictated by their nature, marks that are contrary to public policy, and so on.

In order to register a trademark in Bulgaria, one must apply for registration with the Bulgarian Patent Office. Once the application is examined and accepted, the patent office issues a certificate of registration.

During the examination process, it is taken into consideration that the trademark is distinctive for certain goods or services and that it is not deceptive. After the trademark certificate of registration has been issued, the trademark receives the approval of publication in the Official Bulletin of the Patent Office.

Trademark verification in Bulgaria

Apart from the examination carried out by the Patent Office representatives, here is an additional and optional step you can complete when you register a Bulgarian trademark – verification. The process is not time-consuming and involves having our law firm in Bulgaria complete due diligence checks related to:

• the possibility of your trademark resembling other marks that are already registered, which may lead to a rejection of your application;
• infringement of the Intellectual Property Law;
• inconsistencies with the goods/or services represented.

This check will help you ensure a smooth registration procedure or make the necessary adjustments before obtaining the filing date.

Feel free to discuss more about this subject with our attorneys in Bulgaria.

Opposition to the trademark

Within three months of the publication of the application, any person who considers that the trademark might bring any kind of damage can file an opposition. As such, most owners of valuable trademarks are subscribed to the official Bulletin that contains a list of all trademarks published for opposition.

Normally, even in situations in which an opposition is filed, the applicant and the opponent can come to a settlement in regards to using the trademark. If the opposition is not settled amicably, then both parties must submit evidence to support their views.

Registration for ten years

In Bulgaria, a trademark is registered for a period of 10 years starting with the date of the application, but can be extended as needed for periods of other 10 years. In order to extend the trademark validity, it is necessary to apply with a petition of renewal during the last year of protection, and no documents are needed to accompany the request.

The use of a trademark in Bulgaria is defined as a real use, meaning putting trademarked goods on the Bulgarian market, as well as nominal use, explained as offering the mark for use through the press. If the trademark has not been used or was not placed in use through the press for a period of five years, then the registration will be canceled.

If a trademarked good is carried through the border of Bulgaria without the holder’s consent, then the goods shall be detained by the customs officials if the holder requests so.

Trademark registration in Bulgaria in numbers

Here are some facts that are often omitted when it comes to registering a trademark in Bulgaria:

• In case you did not pay the registration fee when submitting the file, you can do that in the next 14 days;
• The examination phase of the trademark takes about 3 months;
• The entire registration procedure takes between 9 and 12 months;
• If you do not use the mark within 5 years from registration, you should know that it can be revoked.

Our lawyers have experience in various matters. For example, we have helped many clients with immigration to Bulgaria in the past few years. So, should you want to apply for residency or citizenship in Bulgaria, you can rely on us.

If you are in need of more information on how to register a trademark in this country or if you are facing opposition, contact our attorneys in Bulgaria to obtain the necessary information.