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 October 27, 2020
- Law on Marks and Geographical Indications of October 27, 2020
- Law on Industrial Design of October 27, 2020
- Locarno Agreement Establishing an International Classification for Industrial Designs
- Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
- Vienna Agreement Establishing the International Classification of the Figurative Elements of Marks
- Hague Agreement Concerning the International Deposit of Industrial Designs
Trademarks
Filing the Application – Requirements
- Name and address of the Applicant;
- Trademark name or Representation of the Mark (in case of a device mark);
- List of Goods and Services according to Nice Classification 12th Edition (Classes 1-45);
- Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently, scanned copy is sufficient. The name and the position of the signatory must be clearly indicated. E-signatures are not accepted;
- If priority is claimed, priority date, number and country. The priority documents must be provided and submitted with translation into Bulgarian;
- The company number of the applicant.
Registration Procedure
- The Application is filed with and examined by the Patent Office;
- The application will enter into formality check and absolute grounds examination after which will be published for opposition purposes;
- 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 up to 5-6 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 the opposition period starts running two months after the publication in the Official Bulletin of the BPO.
Duration
- After being registered, 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
Assignment of Rights Requirements
- Power of Attorney simply signed by the Assignee, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
- Assignment document simply signed by the Assignor and the Assignee. The name and the position of the signatories must be clearly indicated. Scanned copy is sufficient;
- Change of Name Requirements;
- Power of Attorney indicating the new name, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
- 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). Scanned copy is sufficient.
Change of Address Requirements
- Power of Attorney indicating the new address, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient.
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 Assignee, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
- Assignment document simply signed by the Assignor and the Assignee. The name and the position of the signatories must be clearly indicated. Scanned copy is sufficient;
- Change of Name Requirements;
- Power of Attorney indicating the new name, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
- 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). Scanned copy is sufficient.
Change of Address Requirements
- Power of Attorney indicating the new address, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient.
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;
- an indication of the Locarno class;
- Power of Attorney simply signed by the Applicant’s representative, with the name and the position of the signatory clearly indicated, including the company number. Scanned copy is sufficient;
- Design presentation should include maximum of 7 different views of the Design, and they should be all of the same type, i.e. either photographs or graphics;
- Priority document (if priority is claimed).
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 Assignee, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
- Assignment document simply signed by the Assignor and the Assignee. The name and the position of the signatories must be clearly indicated. Scanned copy is sufficient.
Change of Name Requirements
- Power of Attorney indicating the new name, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient;
- 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). Scanned copy is sufficient.
Change of Address Requirements
- Power of Attorney indicating the new address, simply signed by a representative of the Company, with the name and the position of the signatory clearly indicated. Scanned copy is sufficient.
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.
