Transfer of IP rights in Bulgaria

A patent can be transferred through a legal transaction, such as a sale or merger, or by the operation of law, such as in a succession, bankruptcy, or execution.

Yes, it must be recorded in the national patent register to become effective.

The assignment agreement for the transfer of the patent must be submitted together with a power of attorney, if the application is submitted by a professional industrial property representative or other representative.

Submission of a true copy is sufficient. 

There are no legalization or notarization requirements, except for documents issued by foreign authorities and power of attorney documents. All documents must be translated into Bulgarian.

Yes. A special application form must be completed.

Then there is no transfer of rights and the transfer of the patent is not valid.

The record in the patent register has constitutive effect.

No, but transfers/assignments cannot be made without the consent of all proprietors.

No, there is no need, unless the proprietor wishes to appoint such a representative.

However, if the residence or place of business of the proprietor is outside the EEA, a professional industrial property representative is mandatory.

BGN 40 (around EUR 20) per application.

In general, there are licences by law or by contract, exclusive licences and non-exclusive licences, compulsory licences and compulsory crossed licences. All of these must be recorded in the patent register to become effective.

Either a written application or a request for a compulsory licence to the patent office. The licence agreement or the pledge certificate must be enclosed. For patent licensing by law, a specific declaration is necessary from the patent holder, stating that he/she permits any person to use the invention under a non-exclusive licence in exchange for a fair fee.

Submission of a true copy of the instrument concerned is sufficient.

There are no legalization or notarization requirements, except for documents issued by foreign authorities and power of attorney documents. All documents must be translated into Bulgarian.

No specific form is required.

The record in the patent register has constitutive effect.

A licence by law is open for public use and requires the consent of the patent holder.

For a contractual licence, the relations between the parties are subject to the terms and conditions of the agreement.

No, there is no need, unless the licence holder wishes to go with this option.

However, if the proprietor’s residence or place of business is outside the EEA, a professional industrial property representative is mandatory.

For a licence by law (with the consent of the patent holder upon registration), approx. BGN 270 (around EUR 135) per application, plus a proportional fee for the duration of the patent (e.g. BGN 150 (around EUR 75) for the first three years).

For compulsory licences: BGN 180 (around EUR 90).

Yes, patents can be pledged.

Pledges on patent rights are first acquired and become effective against third parties upon entry in the patent register and the Central Register for Special Pledges. The entry has constitutive effect.

A trademark can be transferred by contract or by law.

No, it is not mandatory to record the assignment for it to be legally valid, but it is recommended. The transfer is only effective towards third parties when recorded in the State Register of Marks. 

The transfer must be recorded in the State Register of Trademarks at the request of one of the parties, accompanied by evidence both of the transfer and of payment of the relevant fee.

Where the request to record the transfer is signed by both parties, expressly stating the names and the capacity of the signatories, any such request need not be accompanied by a contract for the transfer.

True copies are sufficient as well.

There are no legalization and notarization requirements, except for documents issued by foreign authorities and power of attorney documents. All documents must be translated into Bulgarian.

Yes. An application using a specific form is required.

If the trademark assignment is not recorded in the State Register of Trademarks, then it has no legal effect on third parties.

The record in the State Register of Trademarks has declarative effect.

In the case of joint proprietorship, the right to a trademark will be transferred upon the written consent of all joint proprietors, unless otherwise agreed between them in writing.

A so-called trademark division - where only part of the goods or services for which the trademark is registered is transferred - is possible.

The proprietor of the trademark may divide the registration by declaring that some of the goods or services included in the original registration will be the subject of one or more divisional registrations. The goods or services in the divisional registration should not overlap with the goods or services that remain in the original registration or those that are included in other divisional registrations.

Dividing the registration is inadmissible where proceedings have been instituted to request the revocation or cancellation of the original registration, and the division would introduce a division into different registrations of the goods or services against which the request for revocation or cancellation is directed.

The request to divide the registration will not be examined unless the state fee due for application and examination has been paid for each divisional registration.

The division has effect from the date it is recorded in the State Register of Trademarks.

The divisional registration preserves the filing date, the priority date and all entries of the original registration.

No, there is no need, unless the proprietor wishes to go with this option.

However, if the proprietor’s residence or place of business is outside the EEA, a professional industrial property representative is mandatory.

BGN 50 (around EUR 25) per application.

In general, a trademark can be the subject of exclusive or non-exclusive contract licences for all or part of the goods or services for which it is registered and for all or part of Bulgaria.

A licensing contract must be in writing and recorded in the State Register of Trademarks at the request of one of the parties, and accompanied by an extract from the contract stating particulars identifying the licensor and the licensee, particulars of the trademark and of the kind of licence, the goods or services covered by the licence, and the duration of the contract. The extract must be signed by the parties.

The licensing contract has effect on third parties from the date the contract is recorded in the State Register of Trademarks.

The licence agreement must be enclosed.

Where the request to record the licensing contract is signed by both parties, expressly stating the names and the capacity of the signatories, and contains the information required, any such request need not be accompanied by a licensing contract or an extract from it.

True copies are sufficient as well.

There are no legalization and notarization requirements, except for documents issued by foreign authorities and power of attorney documents. All documents must be translated into Bulgarian.

No specific form is required.

The trademark licence does not have any effect on third parties unless it is registered.

The record in the State Register of Trademarks has declarative effect.

The trademark can be licenced for all or part of the goods or services for which it is registered and for the whole or part of Bulgaria

The proprietor of a trademark may invoke the rights conferred by that trademark against a licensee who contravenes any provision in his licensing contract with regard to:

1. its duration;
2. the form covered by the registration in which the trademark may be used;
3. the scope of the goods or services for which the licence is granted;
4. the territory in which the trademark may be used, or
5. the quality of the goods manufactured or the services provided by the licensee.

No, there is no need, unless the licence holder wishes to go with this option.

However, if the proprietor’s residence or place of business is outside the EEA, a professional industrial property representative is mandatory.

BGN 50 (EUR 25) per application

Yes, trademarks can be pledged.

In order for the pledge to become effective, the pledge document must be submitted, and the pledge must be registered with the State Register of Trademarks and with the Central Register of Special Pledges.