IP and Trademarks in Bulgaria

The provisions of this law shall be applied with regard to Bulgarian individuals and corporate bodies as well as with regard to foreign individuals and corporate bodies from states participating in international agreements party to which is the Republic of Bulgaria.
With respect to foreign individuals and corporate bodies from other states this law shall be applied under the conditions of mutuality which shall be assessed by the Bulgarian Patent Office.
Any person who in compliance with this law has the right to implement activities before the Patent Office shall be able to do so personally or by a local representative of industrial property. The persons who do not have permanent address or headquarters in the Republic of Bulgaria shall implement activities before the Patent Office by a local representative of industrial property.
The mark shall be a sign capable to distinct the commodities or the services of one person from these of other persons and could be graphically presented. Such signs could be words, including names of persons, letters, numbers, drawings, forms, and the form of the commodity or its packing, combination of colors, sound or any combinations of such signs.
The status of the well-known brand and a brand with a reputation, support the realization of fair market competition, while protecting individuals from inadvertently violating of the mentioned Act.
Originally marks shall be acquired for a period of ten years from the date of application for registration. Registration may be renewed indefinitely for additional periods of ten years.
On renewal is paid state fee. Renewal should be made before the expiry date of the initial ten year period or at the latest six months after its expiry in which case the fee shall be paid double the amount.
Trademark belonging to another person may be used only with the consent of the holder. For this purpose, signed a license agreement between parties that objectified consent reached between them. Signed licensing contracts entered in the register maintained by the Patent Office of Bulgaria, to have force and effect against third parties.
AUTHOR: Ganka Belcheva