What is a trademark?
A trademark is a symbol that distinguishes the goods or services of one business from those of its competitors. This can include words, letters, numbers, drawings, figures, colors, sounds, or any combination of these elements.
Why register your trademark?
A trademark sets your company’s goods or services apart from those of competitors. Registering a trademark protects your brand from unauthorized use, which could harm your company’s image. Moreover, it provides multiple legal protection mechanisms (civil, administrative, and criminal).
Once registered, no one else can use your trademark in any form without your consent, including using it to advertise their goods and services. A registered trademark is an intangible asset of your company that can be accounted for. It can also be the subject of commercial transactions, such as leasing, licensing, transferring, or pledging.
A trademark can be registered either as a word (e.g., Apple) or as a combination of text and a graphic image (e.g., Ferrari).
What requirements must a sign meet to be registered as a trademark?
To qualify for trademark registration, a sign must:
- Clearly and accurately represent the object of protection;
- Have distinctive character;
- Not contain elements that may mislead consumers;
- Not describe the goods or services literally;
- Not be identical to or widely used in oral and written communication within the country;
- Not contradict public order or good morals.
What types of marks can be registered?
1. Territorial Scope
Trademarks can be registered at different levels based on their territorial scope:
- National trademarks: Valid only within the Republic of Bulgaria.
- European trademarks: Valid across all EU member states with a single registration.
- International trademarks: Registered with the World Intellectual Property Organization. International registration requires a “basic” national registration before extending territorial protection to one or more countries.
2. Method of Presentation and Registration
Trademarks can be categorized by how they are presented:
- Word marks: Composed of one or more words, letters, or abbreviations (e.g., names, slogans).
- Figurative marks: Includes logos, images, and emblems.
- Combined marks: Include both verbal and figurative elements, and the entire mark is protected (e.g., a combination of a logo and text).
- Three-dimensional marks: Covers shapes of packaging (e.g., boxes, bottles).
- Ringtones: Sound trademarks.
- Fragrances: Scent-based trademarks.
How long is a trademark valid?
Trademark registration is valid for 10 years from the date of application and can be renewed indefinitely in 10-year increments.
What other services do we offer?
In addition to full support throughout the trademark registration process, we can assist with:
- Consultation and preliminary research: Providing a complete legal opinion.
- Preparation and submission: Handling the registration request.
- Appealing registration refusals.
- Representation in oppositions: Handling negotiations, agreements, and responses.
- Trademark monitoring: Keeping track of registered trademarks for potential conflicts.
- Trademark renewal.
We also provide protection for already registered trademarks, including:
- Filing oppositions: Defending against trademark infringements.
- Appealing decisions: Challenging registration or opposition panel decisions.
- Court representation.
- Cancellation requests: Filing for trademark registration cancellation.
- Warning letters: Issuing notices to cease unauthorized use of a trademark.
- Brand protection on the Internet: Offering services like Amazon Brand Registry, Amazon Project Zero, forgery detection, and take-down notices on platforms like Instagram, YouTube, and Facebook. We also handle domain disputes (UDRP, ccTLD DRPs) and Supplementary Protection Certificates (SPC).
