Trademarks in Bulgaria are signs or designs used to recognize particular products or services. Many Bulgarian legal entities or persons register trademarks in Bulgaria and it has become important for business owners to verify if other legal entities use trademarks that resemble to their own.
After a new trademark is approved by an examiner, it is published in the Official Bulletin of the Patent and Trademark Office in Bulgaria. Any person who wishes to oppose a published trademark has a period of only two months to file an opposition.
Who can oppose a trademark in Bulgaria?
An opposition against a trademark in Bulgaria can be filed by:
- the owner of the prior trademark;
- the licensee of an exclusive licence;
- the owner of a trademark if an agent or representative has applied for a trademark without consent.
The opposition is filed in writing and a specific official opposition fee must be enclosed with the application. The Office does not take into consideration oppositions that are not accompanied by the necessary fee.
The opponent must prove that the trademark applicant does not have legal permission to register the specific mark. Oppositions will be resolved by the Patent and Trademark Office in Bulgaria only on absolute grounds.
Trademark opposition procedure in Bulgaria
Only complete oppositions must be filed at the Bulgarian Patent Office. Any notices of opposition are not acceptable. A complete opposition includes all the arguments and evidences necessary to prove that the prior mark is a well-known and registered mark.
The parties involved in an opposition proceeding have a three months period to come to an agreement. The period can be extended twice, each time for another three months. The opposition proceeding is closed when the parties decide to settle an agreement.
If you have potentially conflicting trademarks, our lawyers in Bulgaria can walk you through the legal procedure for trademark opposition in Bulgaria.
In order to protect their trademark rights in Bulgaria, trademark owners should subscribe to the Official Bulletin in Bulgaria and watch for similar marks that are being registered.
Our Bulgarian law firm
provides complete legal services in Bulgaria, including trademark registration
and trademark opposition. Contact us
for more information.