TRADEMARKS
The trademark is a mark that serves to distinguish the goods and services of one person from the same goods and services of others. According to the Bulgarian legislation, the legal protection of a trademark is provided by registration with the Patent Office for the goods and services for which it is intended. By registering the trademark owner acquires an exclusive right for a period of 10 years from the date of filing the application, which can be extended indefinitely. We offer assistance and full service on all issues related to trademarks – from preliminary assessment of the suitability for registration of a trademark to its registration at national and multinational level, servicing the portfolio of registered trademarks, as well as consultations and assistance in legal compliance.
Selection of a trademark and preliminary assessment of its suitability for registration
- Selection of the optimal list of goods and services for which the brand will be used.
- Assessment of the suitability for registration of the mark from the point of view of absolute grounds for refusal of registration.
- Database research for existing earlier identical or similar trademarks for identical and similar goods, which may be an obstacle to registration. Analysis of the obtained results.
Representation, full expert and legal service in the trademark registration procedures at national and international level
I. Representation before the Bulgarian Patent Office
- in the trademark registration procedure – from the filing of the application to its registration
- in the proceedings on an appeal against a decision to refuse or to terminate the proceedings
- in opposition proceedings against the application for registration of a mark
II. Representation before the EU Intellectual Property Office:
- in the procedure for registration of the EU trademark – from the filing of the application to its registration;
- in the proceedings on appeal against a decision to refuse registration.
- in the opposition proceedings against the application for registration.
III. Representation before the World Intellectual Property Organization in the trademark registration procedure under the Madrid Agreement Concerning the International Registration of Marks and its Protocol. (117 countries)
IV. Consultations and assistance for trademark registration in individual countries through our partners at the local level.
Representation, legal and expert advice in trademark dispute proceedings. Enforcement of trademark rights
I. Representation before administrative bodies:
- The Patent Office of the Republic of Bulgaria – on requests for cancellation and cancellation of the registration of trademarks and for imposition of administrative penalties;
- EU Intellectual Property Office – on requests for cancellation and cancellation of the registration of EU trademarks;
- The Customs Agency – upon requests (requests) for imposition of measures for border control of goods transferred in violation of trademark rights;
- The Commission for Protection of Competition – on claims for unfair competition in connection with registered trademarks.
II. Representation before judicial authorities
- Administrative Court – Sofia City – on appeals against decisions of the Patent Office of the Republic of Bulgaria;
- Sofia City Court – on claims for infringement of rights to registered trademarks;
- Sofia City Court and Sofia Court of Appeal (as second instance) – on claims for infringement of EU trademarks.
Other related activities
- Complete service of the client’s portfolio of brands.
- Continuous monitoring of brands for identical and similar brands.
- Consultations and assistance in concluding license agreements, trademark transfer agreements, agreements with owners of similar or earlier trademarks.
- Maintaining the registration of trademarks in Bulgaria and abroad, entering changes.
- Research and analysis of the strategy of competing companies in a specific market segment.
- Evaluation of a trademark as intangible assets of the company, as an object of collateral, object of special pledge and in insolvency proceedings.