Background
Bulgaria has an industrialised, open free market economy, with a large, moderately advanced private sector and a number of strategic state-owned enterprises. The World Bank classifies it as an "upper-middle-income economy". Bulgaria has experienced rapid economic growth in recent years, even though it continues to rank as the lowest-income member state of the EU. According to Eurostat data, Bulgarian PPS GDP per capita stood at 40 per cent of the EU average in 2008.
Who May Apply?
Bulgarian natural persons and legal entities and foreign natural
persons and legal entities.
What Can Be Registered?
Trademarks or service marks may consist of words; distinctive signs
of a particular shape such as graphical representations, emblems,
reliefs, fancy denominations, special combinations of ciphers, letters,
and words; packings of a particular shape and other three-dimensional
shapes; or rhythmic or musical interpretations. Appellations of origin
are acceptable as an element of a mark if they are not deceptive and
do not imply that a monopoly is had by the holder of such a mark,
provided that the applicant provides evidence of the right to use such
appellation.
What Cannot Be Registered?
The followin may not be registered:
(1) signs that are not marks within the meaning of Definitions;
(2) marks consisting exclusively of signs or indications that have
become customary in everyday language or established commercial
practice in the Republic of Bulgaria;
(3) marks that are devoid of all distinctive character;
(4) signs that consist exclusively of the shape of goods dictated by
their nature, the shape of the goods necessary for a technical result
to be obtained, or a shape of the goods that considerably increases
their value;
(5) marks that are contrary to public policy and the principles of
morality;
(6) marks that may deceive users as to the nature, quality, or
geographical origin of the goods or services;
(7) marks that consist of or include coats of arms, flags, or other
emblems or the full or abbreviated official names of states or
governmental organizations, or limitations thereof;
(8) marks that consist of or include official control and warranty
signs and stamps where such signs and stamps are used to mark
identical goods;
(9) marks that consist of or include the coats of arms, the flag,
symbols, medals, or the name of the Republic of Bulgaria or of
Bulgarian State authorities;
(10) marks that consist of or include the name or a representation
of historical and cultural monuments of the Republic of Bulgaria,
as specified by the Ministry of Culture;
(11) marks that consist of or include religious symbols that are
well-known in the Republic of Bulgaria, or equivalents thereof.
A mark shall likewise not be registered if:
(1) it is identical to an earlier mark and the goods or services of
the mark filed for registration and those of the earlier mark are
identical;
(2) because it is identical or similar to an earlier mark, and
because the goods or services to which the two marks relate are
identical or similar, users are liable to be confused, notably by the
likelihood of association with the earlier mark;
(3) it consists of a geographical designation or a derivative thereof.
A mark shall not be registered if it is identical or similar to an
earlier mark and is intended for goods or services that are identical or
similar to those of the earlier mark where that earlier mark is wellknown
on the territory of the Republic of Bulgaria and where use
without due cause of the mark applied for would take unfair
advantage of, or be detrimental to, the distinctive character or repute
of the earlier mark.
Rights
The rights of third parties may be affected by registration of marks
by others.
Filing Requirements
Power of attorney, simply signed.
Electrotype (not for word marks), not exceeding 7 cm.
Twenty prints of the mark, either photographs or offprints in color
or black and white, size 3 x 4 cm minimum, 5 x 7 maximum (prints
not required for ordinary word marks).
Certificate attesting to the applicant's legal existence and business
activities, such as a Chamber of Commerce Certificate.
Convention: Priority is claimed within two months from the filing
date of application with a mention of the date and country of the preceding
application.
Evaluation & Review
Application for registration must be filed with the Patent Office.
The application is examined as to form and substance. If the mark is
deemed registrable, a certificate of registration is issued.
Duration
Marks are registered for a period of 10 years counting from the date
of application and can be extended for like periods. Petition for renewal
may be filed any time during the last year of protection, or with
a fine, during the next succeeding six months. No documents need accompany
the renewal request.
Use
The registration of a mark will be cancelled if it is proved that the
mark has not been put into use or was not offered for use through the
press for a period of five years. Use of a mark by license is permitted,
but the licensee must be recorded. The use of the mark consists of
real use (putting goods labeled by the mark onto the market in Bulgaria)
and nominal use (offering of the mark for use through the press).
Domain Names
No provision
Enforcement
Goods carried through the border of the Republic of Bulgaria that
bear a registered mark without a consent of its holder or an imitation
shall be detained by the customs officials at the written request of the
holder.