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A trademark is regulated by the Bulgarian Marks and Geographical Indications Act (MGI Act). The rights in a trademark include the ability, recognised and guaranteed by law, of its holder to use the mark within defined limits. They include the holder\u2019s right to use and dispose of the mark and to prohibit third parties from using it in their commercial activities without the holder\u2019s consent (Article 13(1) of the MGI Act).<\/p>\n
In the Republic of Bulgaria, trademark rights are acquired through registration with the Patent Office following the procedure prescribed by law. The process begins with an application filed by the person seeking to register a mark. If the statutory grounds are met, the Patent Office issues a preliminary decision to register the mark. The applicant is notified and given three months to pay the state fees due for registration and publication, in accordance with Article 36(2) of the MGI Act. Once the fees have been paid, the registration decision becomes final, the applied-for trademark receives a registration number and is entered under that number in the State Register of Trademarks. Within one month of the entry, the Patent Office issues the applicant a registration certificate.<\/p>\n
The powers arising from trademark rights are proprietary in nature. They arise in a strictly defined sequence: some from the filing date, others from the registration date, and still others from the date on which registration is published in the official bulletin of the Patent Office. A trademark registration is territorial, lasts for a specified period and covers a defined range of goods and services.<\/p>\n
By reference to their subject matter, marks may be divided into marks for goods and marks for services.<\/p>\n
By reference to the type of sign, trademarks may be word marks, figurative marks, three-dimensional marks, sound marks, combined marks and other types.<\/p>\n
By purpose, trademarks are classified as actual-use, defensive or reserve marks. Actual-use marks are used to identify a trader\u2019s goods or services. Reserve marks are registered but not used; they are held for possible future launch in the market. Defensive marks are registered solely to prevent competitors from coming close to the principal trademark that is actually in use.<\/p>\n
By scope, trademarks are divided into corporate marks and marks for competing goods or services. A corporate trademark is used on the entire output of a particular enterprise, while separate marks for groups of products or services may be used alongside it.<\/p>\n