Industrial design is the visible appearance of a product or part of it, determined by the peculiarities of the shape, lines, pattern, ornaments, colour combination or combination all these.
The right to design in Bulgaria is acquired through registration with the Patent Office. The registration provides an exclusive right to the holder for a period of 10 years from the date of submission of the application with the possibility to renew the registration for 3 consecutive periods of 5 years.
We offer assistance and full service in all matters related to industrial design – from preliminary assessment of the suitability for registration to registration of the design at national and international level, service of the portfolio of registered designs, as well as advice and assistance in legal compliance.
Preliminary assessment of the possibility of registration
- Selection of the products to which the design will be applied and used.
- Database research for existing earlier designs that may be an obstacle to registration and analysis of the results obtained.
Representation, full expert and legal service in the registration procedures at national and international level
I. Representation before the Bulgarian Patent Office:
- in the proceedings for registration of designs – from the submission of the application to registration – in the proceedings against the registration of the requested design;
- in the proceedings on appeal against a decision to refuse or to terminate the proceedings.
II. Representation before the EU Intellectual Property Office:
- in the procedure for registration of an EU design – from the submission of the application to the registration;
- in opposition proceedings against the registration of an EU application;
- in proceedings on an appeal against a decision to refuse registration.
III. Representation before the World Intellectual Property Organization in the industrial design registration procedure under the Hague Agreement Concerning the International Registration of Industrial Designs
Representation, legal and expert advice in dispute settlement procedures for industrial designs. Enforcement of design rights.
I. Representation before administrative bodies:
- The Patent Office of the Republic of Bulgaria – on requests for cancellation of the registration of designs and for imposition of administrative penalties;
- EU Intellectual Property Office – on requests to cancel the registration of EU designs
- Customs Agency – on applications (requests) for the imposition of border control measures on goods transferred in violation of industrial design rights;
- Commission for Protection of Competition – on claims for unfair competition in connection with registered designs.
II. Representation before judicial bodies – Administrative Court – Sofia city – on appeals against decisions of the Patent Office of the Republic of Bulgaria;
- Sofia City Court – on claims for violations of rights to registered designs.
- Sofia City Court and Sofia Court of Appeal – on claims for infringements of EU designs.
Other related activities
- Complete service of a portfolio of registered industrial designs.
- Continuous monitoring of designs for identical designs.
- Consultations and assistance in concluding license agreements, contracts for transfer of designs.
- Maintaining the registration of designs in Bulgaria and abroad, entering changes.
- Economic assessments of registered designs as intangible assets of companies and as consideration (contribution) upon registration in the Commercial Register.
- Research and analysis of the strategy of competitor’s industrial designs within the market segment.
- Valuation of industrial design as an intangible asset of the company, as collateral, as object of special pledge and in insolvency proceedings.