Trademark in Bulgaria
Trademark in Bulgaria
Registration is required to establish rights in a trademark; Bulgaria is a "first to file" jurisdiction.
Use of an unregistered mark for any goods or services is legal, but it is not recommended.
While conducting a private pre-filing search is not mandatory, it is recommended.
Bulgaria uses the Nice Classification System. If a trademark covers more than one class of goods and/or services, one application can cover multiple classes of goods or services.
Applications are examined in respect of formalities and absolute grounds.
Opposition is available based on absolute and relative grounds. An application is published for opposition purposes, the opposition period begins on the date of publication of the application and ends three months after the date of publication.
The approximate time from application to registration (for a regular prosecution, without opposition) is from four to six months.
The initial term of a registration is 10 years as from the application date. The trade mark can be renewed indefinitely every 10 years.
Neither actual use nor intent to use is required for application. However, after five years of non-use, a mark is subject to an action for cancellation for non-use, which can be brought by any third party.
Filing requirements
1. The name and the address of the applicant/applicants.
2. Trademark, in case of device mark graphic representation in electronic format (.jpg is preferred).
3. The list of goods and services.
4. Priority document (if any).
5. Power of Attorney (if applicable).
Certificate is issued in electronic form only.
EU Trademarks
EU trade marks give protection in all Member States of the European Union (currently 27 Member States).
The benefits of registering an EU trade mark are:
• A single registration, in one language covers all EU Member States.
• The EU trade mark gives its owner an exclusive right in all current and future EU Member States at a reasonable cost.
• Access to a market of almost 500 million consumers.
EUIPO uses the Nice Classification System. If a trademark covers more than one class of goods and/or services, one application can cover multiple classes of goods or services.
Applications are examined in respect of formalities and absolute grounds.
Opposition is available based on absolute and relative grounds. An application is published for opposition purposes, the opposition period begins on the date of publication of the application and ends three months after the date of publication.
The approximate time from application to registration (for a regular prosecution, without opposition) is from four to six months.
The initial term of a registration is 10 years as from the application date. The trade mark can be renewed indefinitely every 10 years.
Filing requirements
1. The name and the address of the applicant/applicants.
2. Trademark, in case of device mark graphic representation in electronic format (.jpg is preferred).
3. The list of goods and services.
4. Priority document (if any).
Certificate is issued in electronic form only.