The trademark is a symbol used to distinguish the products or the services of one person form those of other persons and it may be presented graphically. Such symbols could be words, including names of people, letters, digits, drawings, figures; the shape of the product or its packing, combination of colors, sound symbols or any combination of such symbols.
Types of trademarks: verbal; graphical (figurative); combined; three-dimensional (volumetric); sound; olfactory; collective or certificate.
- The trademark right is obtained with registration as of the date of application. It is an exclusive right and belongs to the first applicant
- The registration of a trademark is not allowed when it does not have distinguishable features; a trademark consisting of symbols or signs typical for the country; a trademark, consisting of symbols specifying different characteristics or the geographical origin of the products and services; a trademark which contradicts to the public order and moral; a trademark which may mislead the consumers as to the nature, quality or geographical origin of the products and services; a trademark which consists of the state coat of arms, the national flag, symbols, decorations and medals of the Republic of Bulgaria, as well as symbols and names of governmental or intergovernmental organizations, official symbols and stamps for control and guarantee; the name or the image of Bulgarian historical or cultural monuments, without the approval of the respective institution; trademark which consists or contains religious symbols or their equivalents, know in Bulgaria.
- Disposal of trademark rights
The trademark right may be transferred regardless of the transfer of the commercial enterprise regarding all or part of the products and services for which it is registered. In case of joint ownership the trademark is transferred with written consent of all the owners, unless otherwise agree between them. The transfer is registered in the State Register upon a request from one of the parties holding the documents of the transfer. The owner is issued a certificate.
* License contract
The owner of the trademark may allow its use for all or for part of his products and services for which it is registered and for part or for the whole territory of Republic of Bulgaria with a written License Contract.
- The registration of a trademark is not allowed when it is identical to previously registered trademark for identical products or services; a trademark which is similar to previously registered trademark without the consent of the owner of the previous trademark; a trademark consisting of registered geographical indication or it derivatives; a trademark identical or similar to previously registered trademark which is well-known in Republic of Bulgaria.
- The trademark registration may be cancelled if within a period of five years, its owner has not started its actual use in the Republic of Bulgaria, or if its use has been terminated for a continuous period of five years without a valid reason for its nonuse.
- The validity of the trademark is ten years from the application date as this period may be renewed without restriction for next periods of ten years.
- The trademark registration is terminated :
- after the expiry of the ten-year period (without renewal);
- if the owner gives up his right to it;
- termination of the legal entity owner of the trademark
- • The trademark registration is cancelled at the request of a concerned party, when:
- the trademark has not been used for more than five years;
- the trademark has become typical for the product or service for which it is registered;
- the trademark is used in a misleading way.
The registration may be partially cancelled, i.e. when the request for cancellation is only for part of the products and services.
The trademark registration may be cancelled at the request of third parties or ex officio by the Patent Office if the registration is illegal.
Geographical indications
- Geographical indication means the appellation of origin and the geographical location.
- The appellation of origin is the name of the country, district or specific area in the country used to designate the product originating there which qualities and characteristics are due mostly or exclusively to the geographic environment including the natural and human factors.
- Geographic indication is the name of the country, district or specific area in the country use to designate the product, which originates there and has quality, popularity or other feature, which may be attributed to this geographic origin.
- A geographic indication is not registered as a name if in the Republic of Bulgaria it has become a generic name for certain type of products, without being related to the location of their production; a name identical to the name of previously protected variety of plants or breed of animals; a name identical or similar to geographic indication or trademark, previously registered for identical or similar products.
- A right to application has every person, who exercises his production activity in the specific geographic location and the produced products meet the established qualities and specifics.
- The legal protection is terminated when there is no longer relation between the qualities of the products and geographic location. The registration is cancelled upon a request from a concerned party if the indication is registered in illegal manner and when it is cancelled by the country of origin.
Every person, entitled to application may file an application for his registration as a user of the registered geographic indication.
Every physical or legal person either Bulgarian or residing or exercising commercial activity in Bulgaria, owner of trademark registered under this law, may apply for international registration according to the Madrid Agreement.
Registered user of registered name of appellation of origin may apply for international registration according to the Lisbon Agreement.
The law stipulates the respective measure for border control and administrative regulations in case of violation related to the right on the registered trademark or geographical appellation.
