Bulgaria

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 as from 1 March 2008
• Law on Marks and Geographical Indications of 15 December 19994
• Law on Industrial Design of 15 December 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)
  • Power of Attorney simply signed by the Applicant. The PoA can be submitted subsequently
  • A priority could be claimed within two months after 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 as from the Application date
• Registration Procedure: (top)
  • The Application is filed and examined with 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: (top)
  • An opposition against the registration of a national trademark can be filed within three months as from the date of its publication. For international trademarks designating Bulgaria, oppositions should be filed between the sixth and the ninth month after the publication in the Official Bulletin of the BPO.
• 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 registration of a Trademark can be renewed for further 10 years. The renewal fees can be paid during the last year of the protection period or within six months after that with a fine
• Recording changes in the Register: (top) 1. Assignment of rights Requirements:
  • Power of Attorney simply signed by the Assignee or the Assignee
  • Copy of the assignment document duly signed by the Assignor and the Assignee. A notarization or legalization are not required.
  2. Change of name Requirements:
  • Power of Attorney indicating the new name, simply signed by a representative of the Company
  • Extract from the Company Register evidencing the change of name (or a similar document depending on the local legislation, for example a Statement of the Secretary of State)
  3. Change of address Requirements:
  • Power of Attorney indicating the new address, simply signed by a representative of the Company
  • Extract from the Company Register showing the change of name (or a similar document depending on the local legislation, for example a Statement of the Secretary of State,)

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 objections against the published patent application within three months as from the publication of application date. The Office is performing 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 the last date of the month in which the preceding patent year expires.
• Recording changes in the Register: 1. Assignment of rights Requirements: (top)
  • 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