Newsletters and Bulletins / February 2002 / Bulgaria |
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Bulgaria - New Trademark and Geographical Indications Law Bulgaria has adopted a new Law on Marks and Geographical Indications which repeals the earlier 1967 law. Its principal provisions are summarized below.
(1) The concept of the well-known mark has been introduced. Marks that are well-known in Bulgaria provide protection against identical or similar marks, even where the goods and services are not identical or similar to those of the registered mark, provided the junior mark derives unlawful benefits from the distinctive character and reputation of the senior mark or causes it harm. (2) There are new grounds for the refusal of registration, including provisions which bar the registration of marks that denote the essence of the goods or are needed to achieve a technical result or are geographically misleading as to the origin of the goods or services. (3) The law provides for new grounds to cancel a registration, including loss of the distinctive character of the mark causing it to become generic and descriptive and to mislead consumers, as well as bad faith. (4) A trademark owner, who has acquiesced in the use of a conflicting mark for 5 consecutive years, may not thereafter object to the use and/or registration of the junior mark, unless he can prove bad faith. (5) Disclaimers of unprotectible elements of marks are expressly provided for in the new law. (6) Certification marks may be registered. The previous law already provided for the registration of collective marks. (7) A provision for the exhaustion of rights has been introduced. (8) It is now possible to assign a registration partially in respect of some of the goods or services covered. (9) A new provision allowing goods and services to be covered in a single application has been introduced. (10) The new law has revised the procedures for filing appeals from decisions of the Patent Office. (11) Measures to bar the import and export of infringing goods and provisions for the confiscation and destruction of infringing goods have been introduced. Penalties imposed on infringers have been increased substantially. (12) The new law provides for the protection of geographical indications for the first time in Bulgaria. Appellations of origin, which were registrable under the previous law, require re-registration in accordance with the criteria of the new law. |
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