New Trademark Opposition Proceedings in Bulgaria

In accordance with a Decree dated February 26, 2010, a new proceeding for opposition actions will become effective for the territory of Bulgaria as of March 10, 2011.

Under the new system, substantive examination of trademark applications by the Patent Office shall be executed only on absolute grounds and if an application is found registrable it shall be subject to publication in the Official Bulletin of the Office.  It is important to note the Patent Office shall not examine ex officio trademark applications on relative grounds.

According to the provisions of Art. 38 of the Law on Marks and GIs, within three months of the publication of a trademark application, owners of earlier identical or similar marks covering identical or similar goods or services may oppose its registration.

In view of the new amendments to the law, it is strongly recommendable for the rightful owners to exercise due care by monitoring published applications and in case of identifying possible infringements proceed with the respective opposition action.

Bojinov & Bojinov is happy to announce that it provides a trademark watch service.

In case the above service might be of interest, please do not hesitate to contact us at office@ptmbojinov.com.

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