In this practice
In today's world of innovation and digitalisation, protecting trade marks, patents, copyright and industrial designs is not merely advisable but essential for the long-term success and competitive advantage of any business. We provide full assistance with both the registration and the protection of intellectual property, so that our clients’ rights are reliably protected.
Registration and Protection of Intellectual Property
We provide legal assistance with:
- Registration of trade marks at national, EU and international level;
- Protection and registration of patents and utility models;
- Legal protection and registration of industrial designs;
- Searches and opinions on similarity or conflict with existing registered marks and designs.
Licensing of Intellectual Property
Our team drafts and assists with:
- Licence agreements for trade marks, patents, copyright and other intellectual property rights;
- Agreements for the transfer and management of intellectual property rights;
- Legal advice on making the best use of a business's intellectual assets.
Copyright and Representation in Disputes
Our services include:
- Legal protection against copyright infringement, including unauthorised use of literary, musical, audiovisual and other creative works;
- Representation in negotiations and in court and out-of-court proceedings in copyright disputes;
- Advice on preventing copyright risks and infringements, including in software development and online content.
Oppositions, Invalidation and Revocation of Trade Marks
We provide assistance with:
- Filing oppositions against the registration of similar or identical marks;
- Applications for the invalidation or revocation of improperly registered or unused trade marks;
- Representation before the Patent Office of the Republic of Bulgaria and the competent courts in these proceedings.
Our aim is to help your business protect its innovations and creative ideas effectively, securing a lasting advantage in the market.
Frequently asked questions
Is trade mark registration mandatory?
No. Registration is not required by law, but it is the way to obtain an exclusive right to the mark. Without registration, the holder has no statutory exclusive right to prevent third parties from using a similar sign in the course of trade.
What options are there for the territorial scope of trade mark protection?
A mark may be registered for Bulgaria only, for the entire European Union, in a specific third country under its national law, or internationally through the Madrid System, which allows protection to be extended to multiple selected countries through a single centralised procedure.
Who owns the copyright in a work created by an employee in the course of employment?
Under the general rule (Art. 41 of the Copyright and Related Rights Act), copyright remains with the employee who created the work, but the employer acquires the exclusive right to use it for the purposes of its ordinary business without separate consent, unless otherwise agreed. Computer programs and databases created in the course of employment are an exception: under Art. 14 of the same Act, the copyright is presumed to belong to the employer, unless the parties have agreed otherwise.
What is the difference between a patent and a utility model?
Both protect technical inventions, but a utility model is the faster and cheaper option. It is registered without examination for patentability or a search of the prior art, so the procedure takes about four to five months. Protection lasts four years from filing and can be extended twice by three years, up to a maximum of ten years. A patent undergoes full examination but provides protection for 20 years from filing.
What can the owner of a registered trade mark do in the event of unauthorised use?
The owner may bring a civil claim under Art. 76 of the Marks and Geographical Indications Act to stop the infringement, recover damages and have the infringing goods seized or destroyed. If necessary, the owner may also request interim measures to secure enforcement of the future judgment. In more serious cases, administrative penalties and, in certain cases, criminal liability under Art. 172b of the Criminal Code may also apply.
