Trademark application Bulgaria

Trademark registration Bulgaria

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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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What are the costs of a trademark registration in Bulgaria?

The costs of trademark registration in Bulgaria depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Bulgaria?

In Bulgaria, registration of a trademark is mandatory in order to obtain exclusive rights over it, as there is a so-called “First to File” jurisdiction. Applicants for trademark application can be of both Bulgarian and foreign origin. As a foreign entrepreneur you are obliged to be represented by a trademark attorney registered in Bulgaria. Filing a brand name in Bulgaria is done through the BPO, the country’s patent office. Applications in several classes are possible. In addition to local registration, it is also possible to register a brand name in Bulgaria via the EUIPO or the WIPO.


How does the trademark application process in Bulgaria work?

If you want to register a trademark in Bulgaria, you have to meet numerous conditions and provide a certain number of documents. If these are not complete, your application cannot be processed and you will be given a period of fourteen days to submit it. If you hand in the documents up to two weeks after this period, double costs will be charged. If the amount is not paid, your application will be declared invalid.

If your application is in order and it is approved after an initial design examination, it will be published in the official Bulgarian trademark bulletin. If there is no opposition as a result, the entire registration process will take approximately six to nine months.


The opposition period

Trademark owners keep an eye on the possible registration of new trademarks, or have a specialized agency do this for them. An objection can be lodged if a potential trademark appearing in the Bulgarian trademark bulletin, they believe, infringes the rights to their trademark. After publication, you have three months to object. Any objections are examined by a neutral expert, objectioners play no further role in this. In the event of an opposition, the entire registration period can last from one to two years.


Brands that consist of several elements

If you want to apply for the rights to a combined trademark in Bulgaria, you should keep in mind that, if your application is granted, protection only applies to the specific combination of elements as you have offered it to the BPO. In other words: the elements are protected as a unique composition, but there is no separate protection for the individual parts (for example the word element or the logo). This means that other entrepreneurs can still use them.

If you want to prevent this, it is important that you deposit these elements of your trademark separately. Entrepreneurs who do not do this run the risk that others can use the same words or logos. If they do this for the same or similar goods and services that you also offer, you can object to this. Whether your objection is honored depends on the situation.


Does a trademark have to be in use if you file it in Bulgaria?

If you want to register a trademark in Bulgaria, you do not need to be active on the market yet. Use is not a condition for granting the rights to it. Once your brand has been established, however, it becomes more important to be active with it in Bulgarian territory. If it is still inactive five years after registration, there is a risk that it will be canceled due to inactivity. You can only argue against this when there are actually legitimate reasons. However, you can only fall back on a few reasons.


How long is a registered trademark valid in Bulgaria?

If you are going to register a trademark in Bulgaria, approval of your application means trademark protection for a period of ten years. This period starts on the date of the application and can be extended indefinitely. Renewal also applies for ten years each time. You can request a new term from twelve months before the end date of the current term. The payment for this must be paid before the end date. There is a six-month grace period. Are you late in applying for the extension? Then you can still submit your application for an additional fee.


An EUTM trademark registration or international registration (IR)

If you want to register a trademark in Bulgaria, you can do this in three different ways. This can also be done at an international level, in addition to national level, via the BPO. A first alternative to local registration is to submit an application to the EUIPO, the European Union Intellectual Property Office. You then apply for an EU trademark, which is valid in all countries that belong to the European Union. After the withdrawal of Great Britain, this currently concerns 27 countries.

Bulgaria is also a member of the Madrid Protocol, which means that international registration via this system is also possible. In that case, you submit your application to WIPO, which has its headquarters in Geneva, Switzerland. After checking the administrative conditions, the application is forwarded to Bulgaria. There, the same process is followed that is also started after a local application. A European or international application is attractive for entrepreneurs who are or want to be active in several countries. You do have to take into account that the opposition period will take considerably longer in both cases.

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