Law on trademarks and geographical indications.
Country
Type of law
Legislation
Abstract
This Law regulates the terms and conditions for registration of trade marks and geographical indications, the rights arising therefrom, as well as the protection of these rights. The provisions of this text shall apply to Bulgarian natural and legal persons, as well as to foreign natural and legal persons from countries that are parties to international treaties to which the Republic of Bulgaria is a party. With respect to foreign natural and legal persons from other countries, this Act shall be applied under the conditions of reciprocity, which shall be assessed by the Patent Office.
The text is divided into six main thematic Chapters, with their related Sections and a total of 135 articles. Titles of these Chapters are as follows: One-General provisions; Two-Brands; Three-Geographical indications; Four-International registration; Five-European Union Brand; Six-Protection of rights on trademarks and geographical indications (which includes Protective measures by customs authorities and Administrative penal provisions). This Law implements the requirements of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 on the approximation of the laws of the Member States relating to trade marks.
This Law includes provisions regarding necessary issues and procedures also as regards the registration of geographical indications of food, foodstuffs or traditional specific character and traditional wine names. Articles 7 and 8 define rules regarding the access to related state registers of trademarks and protected or recognized geographical denominations or patents. This text defines that a trademark is a sign capable of distinguishing the goods or services of one person from those of other persons and may be represented in the State Register of Trademarks in a manner that allows the subject matter of the protection conferred by the registration to be clearly and precisely determined. Such signs may be, for example: words, including names of persons, letters, numerals, drawings, figures, the shape of the goods or of their packaging, colors, sounds or any combination of such signs; and that a brand is a trademark, a collective mark and a certification mark.
The text is divided into six main thematic Chapters, with their related Sections and a total of 135 articles. Titles of these Chapters are as follows: One-General provisions; Two-Brands; Three-Geographical indications; Four-International registration; Five-European Union Brand; Six-Protection of rights on trademarks and geographical indications (which includes Protective measures by customs authorities and Administrative penal provisions). This Law implements the requirements of Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 on the approximation of the laws of the Member States relating to trade marks.
This Law includes provisions regarding necessary issues and procedures also as regards the registration of geographical indications of food, foodstuffs or traditional specific character and traditional wine names. Articles 7 and 8 define rules regarding the access to related state registers of trademarks and protected or recognized geographical denominations or patents. This text defines that a trademark is a sign capable of distinguishing the goods or services of one person from those of other persons and may be represented in the State Register of Trademarks in a manner that allows the subject matter of the protection conferred by the registration to be clearly and precisely determined. Such signs may be, for example: words, including names of persons, letters, numerals, drawings, figures, the shape of the goods or of their packaging, colors, sounds or any combination of such signs; and that a brand is a trademark, a collective mark and a certification mark.
Attached files
Web site
Date of text
Entry into force notes
This text enters into force on the day of its adoption.
Repealed
No
Serial Imprint
Official Gazette of the Republic of Bulgaria 98/2019
Publication reference
Official Gazette of the Republic of Bulgaria 98/2019
Source language
English
Legislation Amendment
No
Original title
Закон за марките и географските означения.