Trademark registration in Bulgaria: process, duration, and legal protection

When you decide to open company in Bulgaria, one of the first strategic steps to consider is the protection of your brand. This is achieved through trademark registration in Bulgaria, a common practice among individuals and legal entities who want to secure exclusive rights over their distinctive signs. The process can be carried out through a national application to the Bulgarian Patent Office or via the centralized European registration system, but in both cases it is essential to understand the steps involved according to Bulgarian regulations.

Steps required for trademark registration in Bulgaria

The trademark registration in Bulgaria involves a series of well-defined phases. It starts with the preparation of the application file, which must be submitted to the Bulgarian Patent Office. Once the documents are filed, the applicant must wait for the trademark to be examined, published in the Official Bulletin, and finally for the Registration Certificate to be issued.

The application file must include:

• a completed application form;
  
• applicant details (name and address);
  
• a detailed description of the trademark;
  
• a graphic representation of the trademark;
  
• a list of goods or services covered by the mark;
  
• rules of use, in case of collective or certification trademarks;
  
• a power of attorney, if the applicant chooses to be represented by a lawyer.
  

Based on the documentation submitted, a filing date will be assigned. The application must be signed by the individual or company representative. If a local lawyer is appointed, they will sign on behalf of the client.

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Examination, opposition, and publication in trademark registration in Bulgaria

After submitting the application for trademark registration in Bulgaria, the Patent Office proceeds with the examination phase. The trademark is reviewed to ensure that it has distinctive character, that it is not misleading, and that it is suitable to identify the goods or services listed.

If the examination is successful, the trademark is published in the Official Bulletin of the Patent Office. From that moment, a two-month window opens during which any third party can file an opposition if they believe the trademark infringes upon pre-existing rights.

In the event of opposition, the parties may try to reach an agreement on the use of the trademark. If no settlement is found, both must present supporting evidence for their respective positions.

Once the opposition phase is resolved, or if no opposition is filed, the Patent Office issues the registration certificate, formally granting the legal rights associated with the trademark.

Read also: Transfer of Personnel to Bulgaria: Requirements, Duration and Procedure

Elements that can be registered and the duration of trademark registration in Bulgaria

With regard to trademark registration in Bulgaria, a wide range of distinctive elements can be protected. Words, signs, shapes, graphic representations, emblems, reliefs, names, letters, rhythmic or musical interpretations and others may qualify. However, certain restrictions apply: marks lacking any distinctive character, signs made up solely of the product’s natural form, or trademarks that go against public order cannot be registered.

Once registered, a trademark is valid for a period of ten years, starting from the application date. It can be renewed for additional ten-year periods, with no limit on how many times this can be done. To renew, a renewal application must be submitted during the last years of the current term, and no additional documentation is required.

The trademark must also be used within this period. Bulgarian law identifies two forms of use:

• actual use, meaning the product bearing the registered trademark is introduced to the market;
  
• nominal use, where the trademark is made available through printed materials or similar means.
  

If the trademark is not used for five consecutive years, it may be subject to cancellation due to non-use.

Furthermore, if a product protected by a trademark is transported across the Bulgarian border without the trademark owner’s consent, customs authorities can detain the goods at the request of the holder.

Practical details on trademark registration in Bulgaria

The trademark registration in Bulgaria involves several practical considerations. For instance, if the registration fee is not paid at the time the application is submitted, it can still be paid within 14 days.

As for timing, the initial examination phase takes around three months. Including the publication and any possible opposition, the entire registration process typically lasts between 9 and 12 months.

Another critical aspect is the risk of revocation. If the trademark is not used within five years from the date of registration — either through actual or nominal use — it can be cancelled.

Protecting your brand is an essential step for any business operating in Bulgaria. To ensure that each stage is handled properly and the registration is legally sound, it is advisable to work with an experienced accountancy company in Bulgaria like Accountancy Bulgaria, that can support companies and ensure full compliance with the trademark registration process.