1. Prepare your trade mark:

Make sure your trade mark is a distinctive word, including the names of persons, or letters, numerals, drawings, figures, the shape of goods or of their packaging, a combination of colours, sound signals or any combination of such elements. Above all, it’s creative work.

Choose properly your goods and services (depends on your business) for which you intent to use the mark for wich you apply for.You may use the Nice Classification (curently The 10th edition of the Nice Classification) at: WIPO website (http://www.wipo.int/classifications/nivilo/  )  or

if you want you may check bulgarian translation of the Nice Classification – at the BPO website at:

– (http://www1.bpo.bg/index.php?option=com_content&:task=view&:id=56&:Itemid=379 ) BG only:

– Alphabetical index of goods at:

(http://www1.bpo.bg/images/stories/classifications/azbuchnik.pdf  ) BG/EN

-Alphabetical listing of services at:

( http://www1.bpo.bg/images/stories/classifications/azbuchnik_services.pdf ) BG/EN

 Conduct searches in free online data bases such as:

   – BPOnline/Marks  ( http://www1.bpo.bg:8080/bpo_online/jsp/start.jsp ) at: www.bpo.bg :

   – CTM-ONLINE(OHIM’s Trade mark consultation service) at: http://oami.europa.eu:

   -WIPO’s IPDL – Search Madrid Express data or ROMARIN at: http://www.wipo.int

   >: Online Services (use Designated Contracting Party = BG),

in order to check if someone else has already registered or applied to register a similar mark for similar goods or services (earlier trade mark).

– BPOnline/Industrial Design(http://www1.bpo.bg:8080/bpo_online/jsp/start.jsp ) at: www.bpo.bg :

– RCD-Online(OHIM’saccess to information on registered Community design) at:oami.europa.eu:

– WIPOAppellations of Origin data base (Lisbon Express) at: http://www.wipo.int  and etc.

 The representation of the markshall be black-and-white, clear and capable of reproduction, and shall be sized 7/7 cm (2.755906 in). Where colour is claimed, the mark representation shall be in colour. The application shall be accompanied by two additional copies of the mark representation.

Depending on the sign, marks may be:

 – Word mark – where consisting of words, including the names of persons, a combination of words, letters, numerals, or a combination of letters and numerals.
– Figurative mark – where consisting of drawings or figures.
– Three-dimensional- where consisting of the shape or of the packaging of the goods.
– Combined– where representing a combination of word and/or figure elements and/or colours.

  A word mark presented in a specific graphical manner is considered combined too.
– A combination of colours – where consisting of two or more colours.
– Sound mark – where representing a melody that is graphically presented by notes.

Where the mark is three-dimensional, the representation shall display its threedimensional
character. If one view is incapable of giving an idea of the overall form, the representation s

hall comprise still other views.

2. Fill in the application form:available at:

(http://www1.bpo.bg/images/stories/blanki/tm_form02tm.doc)

An application shall be filed in one type-written or printed copy, using the respective standard form of the Patent Office.

The trade mark application can be delivered by hand, sent by post (regular mail) or

by fax (+359 2 873 52 58) or by electronic copy communicating means to the Patent Office.

If an application is filed by facsimile or electronic copy communicating means, the original copy thereof shall be received at the Patent Office within one month following receipt of the facsimile, otherwise the date on which the original copy is received at the Patent Office shall be considered to be the filing date.

An application shall contain:

Application form, duly signed and indicated the name and address of the applicant:

a representation of the mark, a list of the goods and/or services, as defined in
the International Classification of Goods and Services under the Nice Agreement 10th Edition
rules for the use of collective or certification marks, where the application relates to such a mark
If the application contains all that data, the patent office shall give the application a filing date.

Additional compulsory content of the Application form:

– document certifying payment of application fees:
– further copies of the mark representation:
– correspondence address, if different from the address of the applicant:

– indication to the effect that the mark is a three-dimensional or sound mark:

– claim of color, if any:

– description of the mark and/or indication of its word elements and the manner of drawing them – with Cyrillic or Latin letters:

– claim of priority, if any:

– priority document:

– data identifying the representative, if any:

– power of attorney.

Any application that satisfies the formal regularity requirements and an analysis  of the absolute grounds check for refusal /under art. 11 of the Law/ is published in the BPO Official (online) Bulletin. Within 3 months after the publication date, any third party may submit to the Office written observation on the absolute grounds for refusal /under art. 11 of the Law/, exlaining on which grounds  under art. 11 , in particular, the trade mark shall not registrered. They shall not be parties to the proceeding before the Office. The observation referred shall be communicated to the applicant who may comment them. Within 3 months after the publication date, notice of opposition on the registration of the trade mark  may be submited on the relative grounds of refusal /under art. 12 of tha Law/. Only parties to the proceeding before the Office may submit the notice of opposition on the registration of the trade mark.

Note: Untill 2011, when changes in TM Law are foreseen to enter into force,the substantive examination procedure includes an analysis of the absolute grounds, a search of the files of marks applied for or registered via the national and international route, and examination of the relative grounds for registration.

If the mark is ineligible for registration  /i.e. not satisfies the absolute gronds check for refusal under art. 11 of the Law/ for some or all of the goods or services, the applicant shall be notified. It shall be informed of the reasons for the refusal and allowed 3 months to respond. If the applicant fails to present a reasoned objection and/or not restrict the list of goods or services, the registration shall be denied. The decision may be appealed to the Disputes Department within 3 monts.

Until a decision is taken on the application, the applicant may withdraw it or restrict the list of goods or services for the mark is sought.

If the mark is found to comply with the provisions of the Law, the registration shall be issued.

BPO notifies the applicant to pay the registration fees.

After payment of the prescribed fees, the registration shall be entered in the State Register of Marks and, within 1 month, the applicant shall be issued a registration certificate.

The right to a mark is acquired through registration with the Patent Office.

The right shall take effect with regard to third parties acting in good faith starting on the date of publication of the registration of the mark in the BPO Official (online) Bulletin.

The Request for renewal may be submitted during the last year of the term of ten years following the filing date of the application, or within six months following the expiry of that term against payment of a surcharge.

Where the proprietor of the mark requests renewal of the registration for only some of the goods or services for which the mark is registered, he shall specify the goods or services for which renewal is requested.