• PCT entries
  • Patent Translations
  • Inventions
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  • Patent Analysis (FTO)
  • Trademarks
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  • Geographical Indications
  • Plant Breeders’ Rights
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    • Bulgaria

    Effective trademark protection allows avoiding problems and potential losses especially in cases of infringement or/and unfair competition by third parties. To ensure respect for the trademark rights, registration of trademarks is paramount; although it is not a straightforward process, assistance of an experienced and highly qualified trademark attorney will ensure successful prosecution of a trademark application.

    Trademark procedures in Bulgaria are governed by the Law on Marks and Geographical Indications (LMGI or TMGIA), administered by the Bulgarian Patent Office (BPO).

    A trademark is a sign, capable of distinguishing the goods or services of one person from those of others and may be presented in the State Register of Trademarks in such a way, that it is possible to clearly and accurately determine the subject of the protection, granted by the registration. Such signs may include, for example: words, including the names of persons, letters, numbers, drawings, figures, the shape of the goods or their packaging, colors, sounds or any combination of such signs.

    The right to a trademark is acquired through its registration, as of the date of filing the application and belongs to the first applicant.

    The registration is valid for a period of ten years from the date of submission of the application and may be renewed indefinitely for further periods of ten years against payment of a fee.

    CLASSIFICATION OF GOODS

    The International (Nice) Classification of goods/services (latest edition).

    DECLARATION OF USE

    Not required.

    EXAMINATION

    • Formal examination: The BPO checks completeness of the application, fees, and basic formalities (usually within about 1 month).
    • Substantive examination: This covers absolute grounds for refusal (e.g., lack of distinctiveness, descriptiveness, against public policy, or deceptiveness). It typically takes 1–2 months after formal examination.
    • Total examination time is often 4–12 weeks if no issues arise, though the full process to registration (including publication) commonly takes around 6 months without oppositions.

    The BPO examines national applications and international registrations (Madrid Protocol) designating Bulgaria.

    REGISTRATION AND PUBLICATION

    • If the application passes examination, the trademark is published in the Official Bulletin (Gazette) of the BPO.
    • A registration certificate is issued after the opposition period expires (or any opposition is resolved in favor of the applicant).
    • Protection starts from the filing date (or priority date if claimed) and lasts 10 years, renewable indefinitely.

    OPPOSITION

    • Any interested party may file an oppositionwithin 3 months from the publication date of the application in the Official Bulletin. In case of opposition to the recognition of the effect of an international registration, the three-month period shall begin to run two months after the publication of the international registration in the Official Gazette of the Patent Office.
    • Oppositions can be based on:
      • Absolute grounds (e.g., non-distinctive, deceptive).
      • Relative grounds (earlier rights, such as prior trademarks, well-known marks, or even non-registered marks under certain conditions if used in Bulgaria and an application for them has been filed).
    • The opposition period is strict and non-extendable. Proceedings involve exchange of arguments and evidence; the opponent may need to prove use of their earlier mark (if registered for 5+ years) if requested by the applicant.
    • If no opposition is filed (or it is withdrawn/rejected), the mark proceeds to registration.

    RENEWAL

    • A trademark is valid for 10 years from the filing date.
    • It can be renewed indefinitely for additional 10-year periods.
    • Renewal request + fee should be filed in the last year of the current term.
    • There is a 6-month grace period after expiry, during which renewal is still possible but with a surcharge (often 100% additional fee).
    • No proof of use is required for renewal itself.

    NON-USE AND CANCELLATION / REVOCATION

    The registration may be revoked (cancelled) at the request of any interested party if the mark has not been genuinely used for an uninterrupted period of 5 years (with no valid reasons for non-use, such as force majeure).

    Start of the 5-year non-use period (“grace period” before the use obligation fully kicks in):

      • Generally runs from the date of registration.
      • More precisely, revocation for non-use is possible after 5 years have passed without genuine use following the date from which the registration can no longer be opposed (i.e., after the opposition period ends or opposition proceedings conclude).
      • For international registrations (Madrid), it often starts from the date of publication in the Bulgarian Official Bulletin.