New Trademark Law in Bulgaria

On December 14, 1999 the New Law on Marks and Geographical Indications came in force. Until December 14, 2001 all applications of origin registered under the old law shall be re-registered as appellations of origin or designations of origin. All applications for trademarks, appellations of origin or cancellations of marks or appellations of origin on which up to December 14, 1999 no decision had been taken shall be considered under the new law. New grounds for refusal are for three-dimensional marks if they are copying the goods, if the form is necessary for a technical result, if it is not aesthetical but technical, misleading the geographic origin of goods or services. In the law there is introduced the exception according to the Mona Lisa decision in Europe; i.e. no depiction of historical or cultural monuments of Bulgaria or religious symbols and equivalents thereof or geographical indications are permitted. Marks well-known in Bulgaria are protectable. Their scope of protection includes not identical or similar goods or services unless there is a consent of the owner of the well-known mark. Unprotectable elements are disclaimed. Territorial exhaustion. Use requirements: Five years after the date of registration. Revocation: Is possible in case the mark becomes generic. Collective and certification marks are registered. A single trademark may be registered for goods and services at the same time. Decisions of the Patent Office may be appealed before the "Disputes" Department of the Patent Office and then before the Court of Appeal at the Sofia City Court and finally before the Supreme Administrative Court. Geographical indications: New introduced is the protection of geographical designations apart from appellations of origin. New Law on Industrial Design The term of protection is extended to ten years. The definition of an industrial design is "the visible outer appearance of a product or part of it, defined by the characteristics of the form, the lines, the drawing, the ornaments, the harmony of colours, or combination thereof". Duration: Ten years with three consecutive renewals for a period of five years. Territorial exhaustion. Prior use rights are provided. A multiple design application is possible. Division of application is possible. The procedure is the same as in case of marks. Patent Office - Dispute Department - Sofia City Court - Supreme Administrative Court. Law on Topography of Integrated Circuits This law came in force for the first time on December 14, 1999. An application to the Patent Office is necessary without substantial examination. Duration: Ten years from the date of the first commercial use or filing date. Territorial exhaustion. All claims are handled by the Sofia City Court.

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