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BULGARIA IP INFORMATION AND REQUIREMENTS BULGARIA IP INFORMATION AND REQUIREMENTS
BULGARIA IP INFORMATION AND REQUIREMENTS
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BULGARIA

Trademarks


Patents

Industrial Designs


1. Conventions:

- Paris Convention
- Madrid Agreement
- Madrid Protocol
- PCT Convention

2. Patent Law of June 1, 1993 with the amendments of November 1, 1996 and December 15, 1999
3. Law on Marks and Geographical Indications of December 15, 1999
4. Law on Industrial Design of December 15, 1999

Trademarks

Filing the Application – Requirements: [ top ]

- Name and address of the Applicant
- Representation of the Mark
- List of goods and services according to Nice Classification 8th edition (Classes 1-45)
- Priority date, country and number and the original Priority document which can be submitted subsequently within 3 months as from the Application date
- Power of Attorney simply signed by the Applicant. PoA can be submitted subsequently

Registration Procedure:[ top ]

- The Application is filed and examined with the Patent and Trademark Office (Office)
- Both absolute and relative grounds for refusal are examined. The interested parties can file the appeal against the Decision on grant of Trademark within 3 months after the grant
- The registration procedure takes approximately two years as from the application date

Duration:[ top ]

- Upon payment of ten years protection fees, the Trademark is valid for 10 years as from the application date
- Upon payment of renewal fees the Trademark can be extended for a further 10 years. The renewal fees can be paid during the last year of previous ten years protection period

Recording changes in the Register: [ top ]

1. Assignment of rights

Requirements:
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and notarized by Notary Public

2. Change of name

Requirements:
- Power of Attorney indicating the new name, simply signed by a representative of the Company
a) Extract from the Company Registers showing the change of name or
b) Statement of the Secretary of State showing the change of name

3. Change of address

Requirements:
- Power of Attorney indicating the new address, simply signed by a representative of the Company
- a) the extract from the Register of the companies showing the change of address or
b) the statement of the Secretary of the state showing the change of address


Patents

Filing a Conventional Application – Requirements [ top ]

- Name and address of the Applicant
- Name and address of the Inventor(s) or the statement of the Inventor that he 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 two months as from the Application date
- The Application is to be filed within 1 year as from the priority date.
- Translation of description, claims and abstract into local language, can be filed subsequently within four months as from the Application date

Filing a National Phase of PCT Application – Requirements[ top ]

- Name and address of the Applicant
- Name and address of the Inventor(s) or the statement 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 local language.

Time limits for filing a National phase of PCT Application [ top ]

- The Application is to be filed with the Office within 31 months as from the Priority Application date.

European Patent [ top ]

- Bulgaria is a member of European Patent Organization as from July 1, 2002

Registration Procedure [ top ]

- Patent Applications are to be published within 18 months as from the Application date. The interested parties can file the opposition against the published application without becoming the party in the registration procedure. However, the Office is obliged to inform the opposing party about the outcome of the proceedings. The Office is doing the full examination of the Patent Application. Granted Patent is to be published in the Official Gazette

Duration [ top ]

- 20 years as from the application date for conventional Patents
- 20 years as from the International filing date for the National phase of PCT patents
- 20 years as from the Application Date for the European Patents.
- protection fees are to be paid annually, prior to expiration of the year for which the protection fees have been paid

Recording changes in the Register: [ top ]

1. Assignment of rights

Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and notarized by Notary Public

2. Change of name

Requirements:
- Power of Attorney indicating the new name, simply signed by a representative of the Company
a) Extract from the Company Registers showing the change of name or
b) Statement of the Secretary of State showing the change of name

3. Change of address

Requirements:
- Power of Attorney indicating the new address, simply signed by a representative of the Company
a) the extract from the Register of the companies showing the change of address or
b) the statement of the Secretary of the state showing the change of address

Industrial Design

Filing the Application – Requirements[ top ]

- name and address of the Applicant
- name and address of the author or notice 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 being the subject of protection (photograph or a graphic presentation of the product the protection is requested for)
- description of the product to which Industrial Design relates
- Classification index
- Power of Attorney simply signed by the representative of the Applicant
- Priority document

Registration Procedure[ top ]

- The Industrial Design Applications are examined by the Office. If the Application meets prescribed requirements, the Office is issuing the Decision on grant
- First ten years protection fees are payable upon the grant. The Industrial Design can be extended three times for five years

Duration [ top ]

- 25 years as from the Application Date

Recording changes in the Register:[ top ]

1. Assignment of rights

Requirements:
- Power of Attorney simply signed by the Assignor
- Power of Attorney simply signed by the Assignee
- Assignment document signed by the Assignor and the Assignee and notarized by Notary Public

2. Change of name

Requirements:
- Power of Attorney indicating the new name, simply signed by a representative of the Company
a) Extract from the Company Registers showing the change of name or
b) Statement of the Secretary of State showing the change of name

3. Change of address

Requirements:
- Power of Attorney indicating the new address, simply signed by a representative of the Company
a) the extract from the Register of the companies showing the change of address or
b) the statement of the Secretary of the state showing the change of address

BULGARIA IP INFORMATION AND REQUIREMENTS BULGARIA IP INFORMATION AND REQUIREMENTS