Planning a product launch or service launch? A registered trademark is your protected name/logo in the marketplace and the first step towards building up your business identity and reputation.
What should the trademark be?
Regardless of whether it will be registered only for Bulgaria or for the entire EU, the trademark should be distinctive. This means, it should not consist solely of a description of the goods/services which it will be applied for.
It should not contradict morality and public order.
In case you aware of an existing trademark that is identical or very similar to your mark and is used by your competitor for similar goods/services, we recommend choosing another trademark or contacting us for consultation.
Registering a trademark in the EU is an effective, convenient, and financially reasonable way to protect your rights for the entire European Union territory.
The EU trademark requires a single registration, whereby one application and payment of a flat fixed-size fee, you obtain protection for each of the 27 EU member states, including for the Republic of Bulgaria.
This method of protection allows you to non-file separate applications in each member state where you intend to operate your business. This type of trademark is recommended when you intend to offer your products or services in two or more EU member states at least.
What are the goods/services and classes for which the trademark is applied for?
Each trademark registration is for specific goods and services that the holder intends to use it for.
Goods and services have established names.
They are primarily grouped according to their nature, purpose, and character into classes according to the International Classification of Goods and Services (ICGS).
For example, cosmetics, cleaning products, milk and dairy products, and more.
The goods and services which the trademark is applied for are important – as a rule, the trademark provides protection for identical or similar goods/services.
The number of classes which the trademark will be applied for affects the state fee for its registration.
Last but not least, once the trademark is applied for, the relevant list of goods/services cannot be expanded by adding new ones.
Strive for a list that provides sufficiently broad protection at a justifiable cost and minimizes the risks of claims from participants in sectors where you have no real interest.
How does the trademark registration procedure work?
Registering a trademark for the territory of Bulgaria – starts with filing an application for your trademark with the Patent Office. Registering a trademark for the entire EU starts with filing an application with the European Union Intellectual Property Office (EUIPO).
The Patent Office/European Union Intellectual Property Office performs a formal examination and substantive examination of the application to verify its compliance with legal requirements. At this stage, the list of goods/services which the trademark is applied for is also checked, and the Patent Office/European Union Intellectual Property Office may provide instructions for its correction.
In the next stage, the trademark application is published, and holders of identical or similar earlier rights are given the opportunity to oppose the registration by filing an opposition against the application.
In the event that an opposition is filed, a dispute develops before the Patent Office/European Union Intellectual Property Office. The decision on this dispute may be appealed, including in court.
In the absence of oppositions or if the filed oppositions are rejected, the trademark is registered by the Patent Office/European Union Intellectual Property Office, and the registration is published.
What rights does the trademark grant me?
Your trademark grants you exclusive rights. Only you can use it for the relevant goods/services. Its use by others for these goods/services is only possible with your consent. Otherwise, there is a violation of the rights to the trademark, and you have legal means of protection. You can prohibit anyone else from using your trademark or similar signs for the relevant goods/services. When you have a registered trademark, it helps you in several other areas, including better protection of your reserved domain, if you operate online.
How long is my trademark protected and which countries does the protection apply for?
Your trademark is protected for 10 years from the date of filing. During these 10 years, you do not owe any additional government/EU fees for trademark protection. The protection period can be renewed indefinitely for 10-year periods. To do this, an application for renewal must be filed, and the corresponding government fee must be paid.
The trademark registered with the Bulgarian Patent Office gives you protection for the territory of the Republic of Bulgaria.
The successful registration of a trademark with the European Union Intellectual Property Office (EUIPO) gives you protection for the territory of all EU member states.
At LegalMasters.bg, you can take advantage of our online services. They are Trademark Registration in Bulgaria and Trademark Registration in the European Union. If you need further advice and assistance, you can contact us. Find us via our Facebook page, email contact@legalmasters.bg, or phone 0893050449.
Dear readers, all materials published on LegalMasters.bg are for informational purposes only. These materials reflect the personal views and professional opinion of the respective attorney from the team. They should not be perceived as comprehensive legal analyses or individual legal advice for you. Before taking or not taking legal actions on the issues discussed, seek professional legal advice for your specific case.