The current trademark regulations in Bulgaria are mainly based on the Trademark and Geographical Indication Law, which came into effect on December 13, 2019. The Bulgarian Patent Office is responsible for managing trademark affairs and the official language is Bulgarian. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to better protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Bulgaria follows the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Bulgaria is a party to international intellectual property treaties such as the Nairobi Treaty, Paris Convention, Nice Agreement, Convention Establishing the World Intellectual Property Organization, and TRIPS Agreement. It is a member of the Madrid Agreement and Madrid Protocol, as well as a member of the European Union. Therefore, trademark registration can be processed through "single country registration", "EU registration", or "Madrid International Registration".
At present, the Bulgarian Patent and Trademark Office adopts the Nice Classification 11th edition for the description of goods and services, and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Bulgaria include: text, names, letters, numbers, graphics, colors, three-dimensional shapes, sounds, etc.
Natural or legal persons who do not have a domicile, main place of business, or a genuine and valid business enterprise in Bulgaria must entrust a specialized agent in that country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Category and specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Bulgarian trademark is: application - examination - announcement - approval and issuance of certificates. The application will be accepted within about 2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Those who pass the substantive examination will be arranged for announcement. The 3-month period from the date of announcement is the objection period. Anyone can file an objection to the registration of the trademark with the Patent Office. The main reasons for filing an objection are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Bulgaria takes about 1 and a half years; If the process is not smooth and there are rejections or objections encountered midway, the time will be extended.
The Bulgarian trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.