- Chapter I—GENERAL PROVISIONS
- Chapter II—MARKS
- SECTION I—REGISTRATION
- SECTION II—CONTENTS OF THE EXCLUSIVE RIGHT IN A MARK (title amended—State Gazette No. 73/2006, in force since 06.10.2006)
- SECTION III—DISPOSITION OF THE RIGHTS IN MARKS
- SECTION IV—LAPSE OF REGISTRATION, REVOCATION AND INVALIDATION OF REGISTRATION
- SECTION V—COLLECTIVE AND CERTIFICATION MARKS
- SECTION VI—PROCEEDINGS BEFORE THE PATENT OFFICE
- 32. Application
- 33. Filing date
- 34. Right of Priority
- 35. Claim of Colour
- 36. Examination as to Form
- 36a. Publication of the Application
- 36b. Objection against Registration of Marks
- 37. Examination as to Substance
- 37a. Termination of Proceedings
- 38. Withdrawal, Restriction and Amendment of the Application
- 39. Renewal of the Registration
- 40. Changes in the Name and Address of the Proprietor
- 41. Changes in the Mark
- 42. Consideration of Disputes
- 43. Terms
- 44. Contents of Appeals and Petitions
- 44a. Examination of Admissibility and Formal Regularity of Appeals and Petitions
- 45. Ruling on Appeals
- 46. Request Proceedings
- 46a. Suspension of proceedings
- 47. Extension of Periods
- 48. Renewal of Periods
- 49. Publication in the Official Bulletin of the Patent Office
- 50. Review by Court
- SECTION VII—Well-Known Marks and Marks With a Reputation (new—State Gazette No. 73/2006, in force since 06.10.2006)
- Chapter III—GEOGRAPHICAL INDICATIONS
- SECTION I—REGISTRATION
- SECTION II—PROCEEDINGS BEFORE THE PATENT OFFICE
- 60. Filing of Applications
- 61. Examination as to the Form
- 62. Examination as to Substance
- 63. Entry of a User of a Geographical Indication
- 64. Proceedings Before the Disputes Department
- 65. Ruling on Appeals and Requests (amended title—State Gazette No. 43/2005, in force since 21.08.2005)
- 66. Extension and Renewal of Periods
- 67. Publication in the Official Bulletin
- 68. Review by Court
- Chapter IV—INTERNATIONAL REGISTRATION
- CHAPTER IVa—COMMUNITY MARK (new, State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union)
- CHAPTER V—PROTECTION OF RIGHTS IN MARKS AND GEOGRAPHICAL INDICATIONS
- Section I—Infringements
- Section II—Protection Under Civil Law
- 75. Right to Bring Action
- 76. Infringement Actions
- 76a. Determination of Compensation (title amended—State Gazette No. 73/2006, in force since 06.10.2006)
- 76b. Special Cases of Compensation
- 76c. Seizure of Infringing Products
- 76d. Responsibility
- 76e. Procurement of Evidence in Claim and Security Proceedings
- 76f. Request of Information as to the Origin and Distribution Networks in Cases of Infringement
- 76g. Security Measures
- 77. Jurisdiction
- Section III—Border Controls
- Section IV
- 81. Administrative Violations and Penalties (title amended—State Gazette No. 43/2005, in force since 21.08.2005)
- 82. Establishment of Infringements
- 83. Powers of the Official
- 84. Obligation to Assist
- 85. Infliction of Administrative Sanctions
- 86. Execution of Administrative Sanctions
- 87. Administrative Penal Liability for Geographical Indication Infringements
- 88. Application of the Law on Administrative Violations and Penalties
- ADDITIONAL PROVISIONS
- TRANSITIONAL AND FINAL PROVISIONS
- Transitional and Final Provisions of the LAW ON THE AMENDMENT OF THE LAW ON MARKS AND GEOGRAPHICAL INDICATIONS (publ. in State Gazette No. 43/2005, in force since 21.08.2005)
- Transitional and Final Provisions of the TOURISM LAW (publ. in State Gazette No. 94/2005, in force since 25.11.2005)
- Transitional and Final Provisions of the TAX PROCEDURE CODE (publ. in State Gazette No. 105/2005, in force since 01.01.2006)
- Transitional and Final Provisions of the CODE OF ADMINISTRATIVE PROCEDURE (publ. in State Gazette No. 30/2006, in force since 12.07.2006)
- Transitional and Final Provisions of the LAW ON THE AMENDMENT OF THE LAW ON MARKS AND GEOGRAPHICAL INDICATIONS (publ. in State Gazette No. 73/2006, in force since 06.10.2006)
LAW ON MARKS AND GEOGRAPHICAL INDICATIONS |
|
Publ. in State Gazette No. 81/ 14.09.1999, amended No. 82/17.09.1999; amended No. 28/01.04.2005,amended No. 43/20.05.2005, amended No. 94/25.11.2005, amended No. 105/29.12.2005, amended No.30/11.04.2006, amended No. 73/05.09.2006
Chapter I - GENERAL PROVISIONS
Subject Matter
Art. 1. This Law governs the conditions and procedures for the registration of marksand geographical indications, the rights arising therefrom and the protection of those rights.
Field of Application
Art. 2. (1) The provisions of this Law shall apply to Bulgarian natural persons andlegal entities and to foreign natural persons and legal entities from States party to international treaties to which the Republic of Bulgaria is also party.
(2) With regard to foreign natural persons and legal entities from other countries, thisLaw shall apply on the basis of reciprocity at the discretion of the Patent Office.
Representation
Art. 3. (1) Any person having the right under this Law to conduct business with thePatent Office may do so either in person or through a local industrial property agent.
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Thosepersons provided for in paragraph (1) who have no residence or headquarters in theRepublic of Bulgaria shall conduct business with the Patent Office through a localindustrial property agent.
Fees
Art. 4. (suppl. - State Gazette No. 43/2005, in force since 21.08.2005, amended –State Gazette No. 73/2006, in force since 06.10.2006)The Patent Office shall collect fees for: filing of applications; priority; registration; issue of certificates; acceleration of examination as to substance; renewal of registration; entries;correction of errors; appeals against rejections, revocation and invalidation;extension of time limits; publications of the application,registration and entries; filing of applications for international registration; forwarding of Community trademark applications; requests to determine whether a mark is well-known or with a reputation; publication of a mention about a mark being determined as well-known or having a reputation; information on marks or geographical indications filed for registration; enquiries and extracts from the State registers, under a tariff approved by the Council of Ministers.
State Register of Marks
Art. 5. The State Register of marks shall be kept by the Patent Office and shallcontain data on all mark registrations and all subsequent entries relating thereto.
State Register of Well-Known Marks and Marks With a Reputation
Art. 5a. (new - State Gazette No. 73/2006, in force since 06.10.2006) The Patent Office shall keep a Register where entries shall be made of all marks determined as well-known or having a reputation in the territory of the Republic of Bulgaria.
State Register of Geographical Indications
Art. 6. The State Register of Geographical Indications shall be kept by the PatentOffice and shall contain data onall registrations of geographical indications, entries pertaining to users and all subsequent changes relating thereto.
Access to the State Registers
Art. 7. (suppl. - State Gazette No. 73/2006, in force since 06.10.2006) The State Registers provided for in Articles 5, 5aand 6 shall be public. Any person may request information or an extract therefrom.
File
Art. 8. (1) The Patent Office shall keep a file on every mark or geographicalindication, which shall consist of all the registration documents and subsequent entries.
(2) The Patent Office shall provide other parties with information on a mark orgeographical indication filed for registration on instructions from the President of theOffice.
(3) The information provided under paragraph (2) shall include only such data as is published on registration of the mark or geographical indication.
Chapter II - MARKS
SECTION I - REGISTRATION
Definition
Art. 9. (1) Marks are signs that are capable of distinguishing the goods or services ofone person from those of other persons and can be represented graphically. Such signs may be words, including the names of persons, or letters, numerals, drawings,figures, the shape of goods or of their packaging, a combination of colours, soundsignals or any combination of such elements.
(2) A mark may be a trademark, a service mark, a collective mark or a certificationmark.
Acquisition of the Rights in a Mark
Art. 10. (1) The rights in a mark shall be acquired by registration as of the filing dateof the application.
(2) The first to file shall have the right to register.
(3) The right to a mark shall be an exclusive right.
Absolute Grounds for Refusal of Registration (title amended –State Gazette No. 73/2006, in force since 06.10.2006)
Art. 11. (1) The following shall not be registered:
(i) signs which are not marks within the meaning of Article 9(1); (ii) (amended - State Gazette No. 43/2005, in force since 21.08.2005)marks which are devoid of any distinctive character; (iii) (suppl. - State Gazette No. 43/2005, in force since 21.08.2005) marks which consist exclusively of signs or indications that have becomecustomary in the current language or in the established practices of thetrade in the Republic of Bulgaria with respect to the goods or services filedfor registration; (iv) (amended - State Gazette No. 43/2005, in force since 21.08.2005)marks which consist exclusively of signs designating the kind, quality,quantity, intended purpose, value, geographical origin, time or process ofproduction of the goods or the manner of rendering of the services, or other characteristics of the goods or services; (v) signs which consist exclusively of:
(a) the shape which results from the nature of the goodsthemselves; (b) the shape of goods which is necessary to obtain a technical result; (c) the shape which gives substantial value to the goods;
(vi) marks which are contrary to public policy or to accepted principles ofmorality; (vii) marks which may deceive the consumers as to the nature, quality orgeographical origin of the goods or services; (viii) (amended - State Gazette No. 43/2005, in force since 21.08.2005)marks which consist of or include escutcheons, flags or other emblems ofStates party to the Paris Convention, or imitations thereof, as well asescutcheons, flags or other emblems or the full or abbreviated official names of international intergovernmental organizations; (ix) (suppl. - State Gazette No. 43/2005, in force since 21.08.2005)marks which consist of or include official control and warranty signs andstamps where such signs and stamps are used to mark identical or similargoods; (x) (deleted - State Gazette No. 43/2005, in force since 21.08.2005) (xi) (amended - State Gazette No. 28/2005, amended – State Gazette No. 94/2005, in force since 25.11.2005) marks which consist of or include the name or a representation of historical and cultural monuments of theRepublic of Bulgaria, as specified by the Ministry of Culture; (xii) (deleted - State Gazette No. 43/2005, in force since 21.08.2005)
(2) The provisions of items (ii), (iii) and (iv) of paragraph (1) shall not apply where themark, through use, has become distinctive in relation to the goods or services forwhich registration is sought.
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The provisions of items (viii), (ix) and (xi) of paragraph (1) shall not apply where theconsent of the relevant competent authority has been obtained.
Relative Grounds for Refusal (title amended –State Gazette No. 73/2006, in force since 06.10.2006)
Art. 12. (1) A mark shall not be registered:
(i) if it is identical with an earlier mark, and the goods or services of themark applied for registration and those of the earlier mark are identical; (ii) if because of its identity with or similarity to an earlier mark and the identity or similarity of the goods or services covered by the two marksthere exists a likelihood of confusion on the part of the consumers; thelikelihood of confusion includes the likelihood of association with the earliermark; (iii) if it consists of a geographical designation or derivatives thereof.
(2) For the purposes of paragraph (1), "earlier mark" means:
(i) a registered mark with an earlier filing date or an earlier priority date, asappropriate; (ii) a mark applied for registration with an earlier filing date or an earlier priority date, as appropriate, if it is registered; ((iii) a mark which is well known in the territory of the Republic of Bulgariaon the filing date or priority date, as appropriate, of the mark.
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) A mark shall not be registered if it is identical withor similar to an earlier mark and is intended for goods or services that are not identical with or similar to those for which the earlier mark is registered, where that earlier mark is well known in the territory ofthe Republic of Bulgaria and where use without due cause of the mark applied forregistration would take unfair advantage of, or be detrimental to, the distinctivecharacter or repute of the earlier mark.
(4) The provisions of paragraph (1)(ii) and paragraph (3) shall not apply where theconsent of the holder of the earlier mark has been obtained.
SECTION II – CONTENTS OF THE EXCLUSIVE RIGHT IN A MARK (title amended – State Gazette No. 73/2006, in force since 06.10.2006)
Rights Conferred by a Mark
Art. 13. (1) The right in a mark shall comprise the right of its holder to use it and dispose of it, and to prevent third parties not having his consent from using in the course of trade:
(i) any sign whichis identical with the mark in relation to goods or services which are identical with those for which the mark is registered; (ii) (suppl. - State Gazette No. 43/2005, in force since 21.08.2005) any sign where, because of its identity with or similarity to the mark and the identity or similarity of the goods or services covered by the mark and thesign, there exists a likelihood of confusion on the part of the consumers;the likelihood of confusion includes the likelihood of association between the sign and the mark; (iii) (amended - State Gazette No. 43/2005, in force since 21.08.2005) any sign which is identical with or similar to the mark in relation to goods orservices which are not identical with or similar to those for which the mark is registered, where the earlier mark has a reputation in the territory of theRepublic of Bulgaria and where use of that sign without due cause wouldtake unfair advantage of, or be detrimental to, the distinctive character orthe repute of the earlier mark.
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005; amended –State Gazette No. 73/2006, in force since 06.10.2006) For the purposes of paragraph (1), “using in the course of trade” means:
(i) affixing the sign to the goods or to the packaging thereof; (ii) offering the goods, placing them on the market or stocking them forthese purposes under that sign, or offering or supplying servicesthereunder; (iii) importing or exporting the goods under that sign; (iv) using the sign on business papers and in advertising.
(3) (amended – State Gazette No. 73/2006, in force since 06.10.2006) The exclusive right shall have effect with regard to third bona fide parties as from thedate of publication of the registration.
Limitation of the Effects of a Mark
Art. 14. A mark shall not entitle the proprietor to prohibit a third party from using the following in the course of trade, provided that such use is not contrary to the honestpractices of the trade:
(i) his own name or address; (ii) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or ofrendering of the services, or other characteristics of the goods or services;(iii) the mark where it is necessary to indicate the intended purpose of the goods or services, in particular as accessories or spare parts.
Exhaustion of the Rights Conferred by a Mark
|