For any business that wishes to protect its identity, registering a trademark with the Patent Office is an essential step. This legal act guarantees the exclusive right to use the mark and protects it from claims or use by third parties. Registration also guards against abuse, for example where persons acting in bad faith attempt to file another's mark with the intention of demanding a “ransom” for transferring it to the original creator.

Basic requirements for registering a trademark

A trademark is a sign that must be capable of distinguishing the goods or services of a given business from those of other market participants. It may be represented in a manner that allows the precise identification of the protected subject matter. Possible types of signs suitable for registration include:

  • words (including personal names),
  • letters and numerals,
  • images and figures,
  • the shape of the goods or their packaging,
  • colours and sounds,
  • or various combinations of these.
Absolute grounds for refusal

The Patent Office may refuse to register a trademark if it does not meet the criteria for distinctiveness or on other grounds provided for by law. For example:

  1. Generic designations – marks consisting solely of signs or terms that are customary in the language.
  2. Descriptive signs – marks that describe the characteristics of the goods or services, such as kind, quality, quantity or origin (for example, an image of bread and the word “wheat” for a mark for bakery products).
  3. Shape of the goods – marks consisting of the shape of the goods that results from the natural characteristics of the product or from the technological process.
  4. Misleading and unethical signs – where the mark is misleading as to the origin, quality or characteristics of the goods or services, as well as marks that are contrary to public policy.
  5. State emblems – the inclusion of State emblems such as flags or coats of arms is also prohibited.

It is important to emphasise that the mere registered trade name of a company is not equivalent to a trademark. In order to enjoy legal protection as such, registration with the Patent Office is required.

Relative grounds for refusal

The relative grounds for refusal of registration are triggered if a third party files an opposition within three months of the publication of the application for registration in the official bulletin of the Patent Office. An opposition is filed where the applied-for mark is:

  1. Identical to an earlier mark and designates the same or similar goods or services.
  2. Similar to an existing mark, which could lead to confusion among consumers.

Consulting an intellectual property specialist can help to assess the prospects of successfully completing the registration procedure.

The trademark registration procedure

The right to a mark is acquired upon filing an application for registration, with the priority date being the date of filing. As the procedure may take between 4 months and 2 years, filing an application early provides an advantage over other bona fide parties. Protection takes effect from the date of publication of the registration and enables the proprietor to require third parties immediately to cease using the mark and to compensate for any damages.

Each trademark is registered for specific classes of goods and services, determined according to an official classification. Legal protection covers only those expressly specified classes and the territory applied for.

Validity and renewal of the mark

The registration of a trademark is valid for 10 years from the date of filing the application and may be renewed indefinitely for successive periods of 10 years, provided that the renewal application is filed before the expiry of the current term.

Fees and considerations for registration

For the registration of a mark for up to three classes and for the territory of Bulgaria, the fee is 520 BGN, and an additional fee is added for each subsequent class. It is important to obtain professional advice regarding the likelihood of the application successfully passing through all stages of the procedure, since in the event of a refusal the fees paid are not refunded.

If you need advice and assistance with registering a trademark, contact us on tel.: 0887550706 or by e-mail: [email protected]