Trademark registration

What is a trademark?

A trademark is a symbol that is able to distinguish the goods or services of one person from those of others and can be presented in a way that allows a clear and precise definition of the subject matter of the protection afforded by registration. Such symbols may be, for example: words, including names of persons, letters, numbers, drawings, figures, the shape of the goods or their packaging, colors, sounds or any combination of such symbols.

What protection does it provide?

The application for trademark registration seeks protection of certain categories of goods and / or services, which are divided into so-called “classes”. One application for registration usually claims protection of 3 classes of goods and / or services because for the territory of Bulgaria the initial fee includes registration up to 3 classes. Additional fees are charged for each subsequent class of goods and / or services. The trademark provides initial protection for the goods and / or services for which it is registered for a period of 10 years from the date of filing the application for registration. The trademark can be renewed repeatedly for new ten-year periods. The trademark allows the owner of the trademark:

to place it on the packaging of the goods,
to use it in the trade name,
to provide services under this trade mark.

The trademark allows its owner to prohibit third parties without his consent to use in their trade activity any symbol of goods and / or services, which is:

identical to the mark and used for goods or services identical to those for which the mark is registered;
identical or similar to the trademark and used for goods or services identical or similar to those for which the trademark is registered, if there is a likelihood of confusion for consumers, which includes the possibility of associating the symbol with the trademark;
identical or similar to the trademark, regardless of whether it is used for goods or services that are identical / similar or not to those for which the trademark is registered, if the trademark is well-known in the territory of the Republic of Bulgaria and use without grounds of the symbol would take the unfair advantage of the distinctive character or the reputation of the mark or would damage them

The trademark owner may exercise the rights it grants from the moment the application for registration is filed.

What is the territorial scope of protection?

The trademark owner may use the protection of his rights for the territory for which he has registered the trademark. In this regard, the trademark may be registered for the territory of the Republic of Bulgaria, for the territory of the European Union or for the territory of any third country. Under certain conditions, territorial protection may subsequently be extended. The registration procedure as well as the fees due vary depending on the territory of which country we are seeking protection.

The registration of a “Bulgarian” trademark

When we want to use the protection of our rights within the territory of the Republic of Bulgaria, we should apply for registration of a trademark before the Bulgarian Patent Office. The procedure usually takes about 5-6 months, when no objections or oppositions have been filed against the registration. In the event of an objection to registration, the procedure may be significantly extended, possibly taking more than a year. The minimum fee due to the Patent Office is BGN 520 for trademark registration up to 3 classes of goods and / or services. In case the trademark has to be registered for more than 3 classes, the fee is increased by BGN 30 for each additional class. The due fee is paid in full after submitting the application.

Registration of a “European” trademark

When we want to use the protection of our rights within all Member States of the European Union (EU), we must apply for registration of a European Union trademark. Its advantage is that with one registration we get protection in all EU Member States, and at the same time the registration procedure is much faster – registration can be a fact within 6 months of filing the application, if the registration of the mark is not disputed. The minimum fee due to the EU Intellectual Property Office is EUR 850 for trademark registration in 1 class of goods or services. The fee for the second class is EUR 50, and for each subsequent one is EUR 150.

Plamen Stefanov

Legal adviser

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