Trademark registration

Branding is key for any business. It is the identity of any company and the services related to its registration ѝ are among the most commonly used in practice. When you decide to register your trademark, then you should know that a number of features need to be taken into consideration. Separately, it is necessary to have a preliminary study done by an intellectual property specialistт.

What is a trademark?

The trademark is a sign that distinguishes the goods or services of one person from the goods and services of others. Such signs may be words, names of persons, letters, numbers, drawings, figures, the shape of the goods or their packaging, colours, sounds or any combination of such signs.

The proprietor of the trade mark shall have the exclusive right to use it, to dispose of the right in it and to prohibit third parties from using it or a sign similar to it in their commercial activities without his permission.

Trademarks are registered for a specific territory. This means that the mark is protected only in the countries or regions where the trademark registration is obtained. A trademark can be registered for the territory of one country as well as for the territory of several countries. A single application can register a mark for the whole of the European Union, which will enjoy protection in each Member State. The choice of territories in which to protect the mark depends on the commercial interests of the applicant and on the marks already registered in the territory/territories concerned.

What is the trademark registration process?

A trademark applicant may be a natural or legal person. There is no express requirement that the applicant be a commercial enterprise which manufactures or trades in the goods (performs the services) for which it wishes to register the trademark.

The process begins with the filing of an application form with the Patent Office, which can be done on the spot or electronically. The application contains a request for registration, the applicant's particulars, a representation of the mark, a list of the goods and services, the kind and type of mark, the particulars of the industrial property representative or attorney, where such are authorised, a description of the mark, particulars of the division of the application, particulars of the priority claimed, if any, particulars that the application is the result of a transformation of a European Union application/mark, particulars that the application is the result of a transformation of an international registration of a mark, a declaration of relinquishment of the exclusive right to the top.

A priority claim is the applicant's right to enjoy priority over later applications for identical or similar marks for identical or similar goods or services. Bulgarian law allows 3 types of priority - national, conventional and exhibition.

The right to a trademark is acquired by registration as of the date of filing the application.

After the filing of the application, the Patent Office has to check the regularity of the documents filed for the registration of the trademark, the fees to be paid are also checked, which initiates the administrative procedure by conducting a formal examination.

The next step in the proceedings is an examination as to whether the trade mark falls within one of the absolute prohibitions on registration under Article 11 of the ITLD, known as substantive examination. In the absence of such grounds, any trademark that meets the legal requirements is published in the official bulletin of the Patent Office.

Within 3 months of publication, an opposition or objection can be filed against the registered trademark. Such may be filed by any interested person, including the owner of a similar or identical earlier mark. When this term expires and there are no applications filed, the trademark is entered in the State Register of Trademarks of the Patent Office..

The validity period for trademark protection is 10 years, after which it can be renewed an unlimited number of times.

What do you get by registering a trademark?

A brand is much more than just a logo or a name. It is a key asset for any business as it represents its identity and reputation in the marketplace. Registering a trademark gives you exclusive rights to that mark, which guarantees you a number of benefits:

Right of use: you can use your brand freely by putting it on your goods, packaging, promotional materials and online presence. This allows you to build recognition and differentiate yourself from the competition.

Right of disposal: you own the mark and can dispose of it as you wish. You may sell it or grant a licence to others to use it.

Trademark registration gives you the right to prohibit others from using an identical or similar mark for their goods or services if it is likely to cause confusion among consumers.

Right to compensation: if someone infringes your rights and uses your trademark without your permission, you are entitled to compensation for the damage caused to you.

Registering a trademark is an investment in the future of your business. It gives you security, competitiveness and the opportunity to grow.

How can we help you with trademark registration?

The KGK team has a wide range of experience and expertise in the field of trademarks. We carefully consider the most appropriate way to protect your trademark, thoroughly researching for existing prior similar or identical trademarks so that potential disputes with third parties are minimized. During and after registration, we can offer legal services and assist you in preparing trademark license agreements, trademark monitoring, trademark renewals, assignments and more. If you have any questions, do not hesitate to contact our team. You can rely on us to provide reliable advice and quality legal assistance.