Trademarks
- Filing the Application – Requirements
- Registration Procedure
- Duration
- Recording changes in the Register
Patents
- Filing a Conventional Application – Requirements
- Filing a National Phase of PCT Application – Requirements
- Time limits for filing a National phase of PCT Application
- European Patent
- Registration Procedure
- Duration
- Recording changes in the Register
Industrial Designs
- Filing the Application – Requirements
- Registration Procedure
- Duration
- Recording changes in the Register
Conventions
- Paris Convention
- Madrid Agreement
- Madrid Protocol
- PCT Convention
- EPC
- Patent Law with the amendments in force from 18 May 2012
- Law on Marks and Geographical Indications of 15 December 1994
- Law on Industrial Design of 15 December 1999
Trademarks
Filing the Application – Requirements
- Name and address of the Applicant
- Representation of the Mark
- List of Goods and Services according to Nice Classification 11thEdition (Classes 1-45)
- Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently
- A priority can be claimed within two months from filing the application, indicating the date of filing and the country of the priority application. The original priority document can be submitted within 3 months from the Application date
- The company number of the applicant
Registration Procedure
- The Application is filed with and examined by the Patent Office
- Absolute grounds for refusal are examined ex-officio after which the application is published
- Observations based on the absolute grounds and opposition on relative grounds could be filed within three months after the publication
- The registration procedure can take from 9-10 months, if no opposition was filed, to 2-3 years, in case an opposition was filed
Opposition
- Opposition against the registration of a national trademark can be filed within three months from the date of its publication. For international trademarks designating Bulgaria, oppositions should be filed between the sixth and ninth month after publication in the Official Bulletin of the BPO
Duration
- Upon payment of the ten-year protection fee, the Trademark is valid for 10 years from the application date
- Upon payment of renewal fees the registration of a Trademark can be renewed for a further 10 years. The renewal fees can be paid during the final year of the protection period or within six months after that, with a fine
Recording changes in the Register
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Assignment of Rights Requirements
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- Power of Attorney simply signed by the Assignee or the Assignor
- Assignment document simply signed by the Assignor and the Assignee. Notarization or legalization are not required
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Change of Name Requirements
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- Power of Attorney indicating the new name, simply signed by a representative of the Company
- Extract from the Register of Companies showing the change of name (or a similar document depending on the local legislation, for example a Statement from the Secretary of State)
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Change of Address Requirements
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- Power of Attorney indicating the new address, simply signed by a representative of the Company
Patents
Filing a Conventional Application – Requirements
- Name and address of the Applicant
- Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
- Priority date, country and number
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Power of Attorney simply signed by the Applicant – can be submitted subsequently
- Priority document – can be submitted subsequently, within three months from the Application date
- The Application is to be filed within one year from the priority date
- Translation of the description, claims and abstract into the local language, can be filed subsequently within four months from the Application date
Filing a National Phase of PCT Application – Requirements
- Name and address of the Applicant
- Name and address of the Inventor(s) or a declaration that the Inventor does not wish to be mentioned in the Application
- Description of Patent
- Patent Claims
- Drawings (if any)
- Abstract – summary of the invention
- Priority date, country and number
- International Search report
- International Preliminary Examination Report
- PCT Request
- PCT Publication page
- Power of Attorney simply signed by the Applicant – can be submitted subsequently
- Translation of description, claims and abstract into the local language.
Time limits for filing a National phase of PCT Application
- The Application is to be filed with the Office within 31 months from the Priority Application date
European Patent
- Bulgaria has been a member of the European Patent Organization since July 1, 2002
Registration Procedure
- Patent Applications are to be published within 18 months from the Application date. Interested parties can file objections against the published patent application within three months from the publication of the application date. The Office performs the full examination of the Patent Application. Patents Granted are published in the Official Gazette
Duration
- 20 years from the application date for conventional Patents
- 20 years from the International filing date for the National Phase of PCT patents
- 20 years from the Application Date for the European Patents
- Protection fees are to be paid annually, prior to the last day of the month in which the preceding patent year expires
Recording changes in the Register
-
Assignment of Rights Requirements
-
- Power of Attorney simply signed by the Assignor or the Assignee
- Assignment document simply signed by the Assignor and the Assignee. Notarization or legalization are not required
-
Change of Name Requirements
-
- Power of Attorney indicating the new name, simply signed by a representative of the Company
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-
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- Extract from the Register of Companies showing the change of name or
- Statement from the Secretary of State showing the change of name.
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Change of Address Requirements
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- Power of Attorney indicating the new address, simply signed by a representative of the Company
Industrial Design
Filing the Application – Requirements
- Name and address of the Applicant
- Name and address of the author or a declaration that the author chooses not to be mentioned in the application
- Information regarding the number of external shapes the protection is requested for
- Full and short title of the industrial design. A two-dimensional presentation of the shape for which protection is sought (photograph or a graphic presentation of the product for which protection is requested)
- Description of the product to which Industrial Design relates
- Classification index
- Power of Attorney simply signed by the Applicant’s representative
- Priority document.
Registration Procedure
- Industrial Design Applications are examined by the Office. If the application meets the prescribed requirements, the Office will issue the Decision to grant
- The first ten-year protection fee is payable upon granting. The Industrial Design can be extended three times, for five years each time
Duration
- 25 years from the Application Date
Recording changes in the Register
-
Assignment of Rights Requirements
-
- Power of Attorney simply signed by the Assignor or the Assignee
- Assignment document simply signed by the Assignor and the Assignee. Notarization or legalization are not required
-
Change of Name Requirements
-
- Power of Attorney indicating the new name, simply signed by a representative of the Company.
-
-
-
- Extract from the Register of Companies showing the change of name; or
- Statement from the Secretary of State showing the change of name.
-
Change of Address Requirements
-
- Power of Attorney indicating the new address, simply signed by a representative of the Company
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
