| General | The Industrial design workflow describes the process from Filing of an application to the final decision under the Bulgarian law on industrial design. The national application must be filed in Bulgarian languageFilling an application in Bulgaria
|
| Step 1 | Filling
The registration application can be delivered by hand, sent by post or by fax (+359 2 873 52 58) to the Patent Office. The Application shall contain: the name and address of the applicant: Several designs of the same class of the Locarno International Classification for Industrial Designs may be filed in a single application. If the application contains all that data, the Patent Office shall give the application a filing date. The date the application is filed is important since that is the starting point for calculating the legal protection period and for determining the novelty and individual character of the design. If priority is claimed the novelty shall be assessed according to the priority date. Contents of the Application: In addition to the data referred to above the application shall contain: the name and address of the industrial property representative, if any, and a power of attorney: All documents and data shall be filed in the Bulgarian language. |
| Step 2 | Formal examination After establishing of the filing date for each application shall be checked whether a document for the following paid fees is attached, expertise and deferment of the publication of the registration, if requested. When such document is not attached to the applicant shall be given one-month term for removing this defect. The fees can be paid in double amounts within two months from expiration of this term. If in this term the fees are not paid the application shall be considered withdrawn. In two months term after presenting the document for paid fees formal expertise shall be implemented at which shall be checked whether the contents of the applications meets the requirements. The application contains: • Filing form; • Identification data for the applicant; • Identification data for the Attorney if such, incl. power of attorney; • Correspondence address, if such; Priority claim, if such, incl. priority document. When a convention priority is claimed, the filing date and number of the first application as well as the country where it was filed. When an exhibition priority is claimed, the exhibition date as well as the country where the exhibition was; • One or several graphic or photographic images revealing clearly and comprehensively the design for which protection is required • the number of the designs for which protection is required; • pointing out of the products where it is included or to which the design has been applied; • instruction about the identification index of the products according to the International Classification of the Industrial Designs according to the Agreement of Leghorn. • description of the presented images; • Information about previous application in case that the application was divided; • Number, date and priority of application or registered ID, for which was claimed transformation into national application; • List of the documents attached to the application; • Signature; • Document, certifying the fee payment. In case defects are found, the applicant shall be provided with two-month term for removing them. With respect to each application, for which a priority is claimed, shall be checked whether the requirements under Art. 35, para 2 are satisfied. In case it is ascertained that the claim for priority is not implemented according to these requirements, it shall not be considered favourably and the applicant shall be informed thereof. Registration procedure In two-month term from the expiry of formal examination, an examination shall be carried out whether the declared design: 1. comply with the definition of a design; 2. is not contradicting with the public order or the good ethics; When there is ground for refusal of registration of the declared design the applicant shall be notified about this all the motives being pointed out and giving two-month term for appeal. When within the two-month the applicant does not make grounded objections decision for refusal of registration shall be taken. When it is established that the declared design could be registered, a notification shall be sent to the applicant, and he/she shall be given one month term for payment of the fees for registration, issue of a certificate for registration and publication. Within one month from expiration of this term the fees can be paid in a double the amount. When the fees are paid, a decision for registration of the design shall be taken and in one-month term a certificate for registration shall be issued. If the fees are not paid, the application shall be considered withdrawn. When there is ground for refusal of the registration of part of the declared designs, included in multiple application the applicant shall be notified about this pointing out all motives and giving him two months for answer. If in this term the applicant does not answer decision shall be taken for full or partial refusal of the registration. Publication In the Official bulletin of the Patent Office shall be published all the registered designs and the subsequent changes thereof. Deferred Publication Publication may be delayed for up to 30 months and the product can therefore be kept confidential until the disclosure. At any time during the deferment period, up to a maximum of 27 months, the applicant can request (by post or fax) the publication. If the design will not be published registration will then lapse after the 30 month period.
|
| Step 3 | Invalidation procedure (Cancellation procedure) The industrial design can be invalidated in the invalidation procedure. The application for invalidation of the registered industrial design must be filed in writing, it must include grounds on which it is made and it must be supported by the evidence. The grounds of invalidation, inclusive denomination of evidences, cannot be changed later.
Decisions The possible final decisions are: The industrial design is declared invalid, partially invalid or the application on invalidation is rejected. General remarks The applicant may withdraw his application until the registration is granted. The Office terminates the procedure on application which was withdrawn. The holder of the registered industrial design may surrender it. The term of effect of the registration of a design shall be 10 years after the date of submitting the application. The registration shall be possible to be renewed for three subsequent periods of 5 years. The registration of a design shall be renewed at application by the owner of the right over the design containing the registration number and accompanied with a document for paid fee. The application for renewal shall be possible to be submitted in the last year of the term of Art. 15, para 1 or against payment of additional fee up to 6 months after the elapse of this term. When the requirements of para 2 are not met the renewal of the registration shall be refused with a decision of the chairman of the Patent department. When the owner requires renewal of the registration of only some of the designs, in the application there designs shall be pointed out. The renewal shall have effect from the day following the date on which the term of the previous registration expires. |
According to the Tariff of the fees collected by the Patent Office of the Republic of Bulgaria the following fees shall be collected for designs:
1. Filing applications – 50 BGN;
2. Priority claims – for each priority – 20 BGN;
3. Examination of applications:
a) for one design – 80 BGN;
b) for each subsequent design – 40 BGN;
c) for a set or a composition – 120 BGN.
4. Registration of designs – 200 BGN.
5. Issuing of certificates of registered designs – 60 BGN.
6. Publications in the Official Bulletin of each representation of registered designs – 40 BGN.
7. Pending publications:
a) for one design – 60 BGN;
b) for each subsequent design – 30 BGN;
c) for a set or composition – 100 BGN.
8. Renewal of registrations:
a) for the 1st renewal – 300 BGN;
b) for the 2nd renewal – 400 BGN;
c) for the 3rd renewal – 500 BGN;
d) up to 6 months after the deadline for payment – additional 100 BGN + 50% of the relevant fee.
9. Consideration of appeals against decisions for:
a) termination of the proceedings – 100 BGN;
b) refusal of registrations:
– for one design – 200 BGN;
– for each subsequent design – 80 BGN;
– for a set or a composition – 250 BGN.
10. Consideration of applications for cancellation of registrations:
a) for one design – 400 BGN;
b) for each subsequent design – 100 BGN;
c) for a set or composition – 500 BGN.
(2) (Suppl. – SG ? 35/2007) The following fees shall be collected for filing of applications for
international registrations of industrial designs or for Community Designs:
1. One design – 60 BGN;
2. Each subsequent design – 10 BGN;
3. A set – 60 BGN;
4. A composition – 60 BGN.
| Year | Standard fees (лв) | Reduced fees (лв) | Comments |
| 5 | 15 | ||
| 10 | 15 | ||
| 15 | 15 | ||
| 20 | 15 |
The Renewal Fee must be remitted before the due date of Renewal. The Design may be renewed up to six months after the due date at a surcharge of € 34.94.
Applicable Laws
- Law on Industrial Designs in force since 14/12/1999, recent amendment 20/07/2007.
( http://www1.bpo.bg/images/stories/laws/law__ids_july2007.pdf ) - Regulation on the Drafting, Filing and Examination of Applications for Industrial Design Registration in force since 1/02/2000, recent amendment 25/03/2008.
( http://www1.bpo.bg/images/stories/laws/reg_id_eg.pdf )
What can and cannot be protected as an industrial design?
The following can be protected:
- the appearance of the whole or a part of a product resulting from the specific features of the shape, lines, contours, ornamentation, colors, or combinations thereof.
- A product is any industrial or handicraft article, including parts of a complex article, sets, compositions of articles, packaging, graphic symbols and topographic typefaces.
- An industrial design can be registered if it is new and has an individual character.
- Parts of a product can be protected only if they are visible during the normal use of the product.
The following cannot be registered as an industrial design in Bulgaria:
- computer programs: a design that is contrary to public order or the principles of morality.
- a design the specific features of which are solely determined by the technical function ofthe product.
- a design the specific features of which are solely determined by the necessity for the product, in which the design is incorporated or to which it is applied, to be mechanically assembled or put in, around or opposite to another product, so that both products perform their functions, with the exception of a design intended to allow the assembly or connection of interchangeable products within a modular system.
Right to file:
Any person having a permanent address or headquarters in the Republic of Bulgaria may file an application with the Patent Office (BPO), either personally or through a local IP representative. Persons with no permanent address or headquarters in the Republic of Bulgaria use a local IP representative to file an application.
The right to file a design application belongs to the creator or his successor in title. If the design is a service design, the right to file belongs to the employer or to the commissioning person.
Defensive Actions
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my design?Everybody can file it (art. 41 (1)) but it is also possible to file opposition against a design application (art. 36)
Can I file an application for declaration of invalidity of someone else’s design?Yes.
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?No (art. 42(2)).
Signpost
What signposts exist?Web site bpo.bg guide for SMEs
Proactive Measures
Action under competition law
Signpost
What signposts exist?Web site bpo.bg guide for SMEs.
Action for damages
Signpost
What signposts exist?Web site bpo.bg guide for SMEs.
Customs Seizure
General information
What does customs seizure mean?It concerns goods that are protected by registered design (art. 62, 63).
How to proceed
What initial steps are necessary?The owner shell file a written request that includes description of doods, copy of the registered design and letter-certificatory by the Patent Office that it is in force.
Signpost
What signposts exist?Web site bpo.bg guide for SMEs.
A colour icon describes the complexity of each question as follows:
Low
Medium
High