The Law of trademarks and geographical indications in the last years substantially changed towards harmonization with the European legislation. These changes started long time ago, with the EU accession processes, and have been driven by the natural processes of globalization and international cooperation enhancement.
As part of this process, two major changes occurred and provoked our timely reaction in terms of better protection of the trademarks of our clients.
The European Union TradeMark is already valid in the country. This happened automatically when Bulgaria joined the EU and the most significant consequence is that all trademarks, registered as EUTM, already have legal protection for the territory of Bulgaria. They are fully eligible to be opposed to all applications filed for registration after them in Bulgaria, as well as those under the Madrid agreement. The European TradeMark Regulation foresees also opposition against the registration of a trademark within a three-month period from its publication date in the Official Bulletin of the registration authority of the European Trademark – the European Intellectual Property Office (EUIPO), formerly known as OHIM.
In 2011, the most important ammendment in the Bulgarian Law on trademarks and geographical indications entered into force and revoked the examination on substance. Instead, a new procedure have been establisted: each application for a trademark registration to be published in the Official Bulletin of the Bulgarian Patent Office so that every interested party will have the right to launch opposition against the registration of a possible application filed. This opposition can be launched within three months of the publication date in the Official Bulletin of the Patent Office. It is responsibility of the trademark applicants and owners to observe for any infringements of their rights.
These two major changes in the trademark governing legislation prompted our immediate reaction to enhance the process of trademark protection for our clients.