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Trade mark registration

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    • Comprehensive legal services encompassing all the business activities of a client, such as:

      • Negotiations and deal mediation;
      • Preparation and drafting of civil, trade, labour, and other agreements, memoranda and other documents related to a client’s business;
      • Consulting related to acquisition of licenses and permits;
      • Establishing business entities in view of a client’s investment plans;
      • Representation before state, municipal, and banking institutions;
      • Preparation and drafting of documents related to decisions made by the managing bodies of a company.
      • Trade mark database search;
      • Registration of national trade marks, European Union trade marks, and international registrations;
      • Representation before the World Intellectual Property Organization, the European Union Intellectual Property Office, the Patent Office of the Republic of Bulgaria;
      • Representation during disputes related to trade mark infringements;
      • Procedural representation.
      • Representation before the Bulgarian Food Safety Agency and other institutions in relation to registration of commercial properties, various food categories and food additives;
      • Consulting regarding labeling of food products and food additives;
      • Assistance during inspections by authorities, drafting of documents;
      • Court representation during appeals of penal rulings for violations of food safety legislation.
      • Registration, transformation and termination of commercial entities and sole proprietorships;
      • Commercial enterprises deals, transfer of shares, M&As;
      • Preparation and drafting of commercial contracts, agreements, memoranda and other commercial documents;
      • Legal consulting, research, and analysis;
      • Preparation and registration of collateral and securities, registration of special pledges;
      • Negotiations and deal mediation;
      • Representation before state, municipal, and banking institutions.
      • Legal consulting, research, and analysis;
      • Participation in negotiations;
      • Preparation and drafting of civil, trade, labour and other agreements, memoranda and other documents;
      • Assistance in alternative dispute resolutions to facilitate out-of-court settlements;
      • Representation in court and during arbitration in cases of breach of contract;
      • Legal consulting, research, and analysis;
      • Drafting of labour contracts and job descriptions;
      • Preparation of documentation related to termination of labour contracts, i.e. disciplinary termination, redundancies, mass dismissals, etc.;
      • Court representation in cases of lawsuits in relation to illegal dismissals and voluntary/compulsory redundancy compensations.
      • Legal consulting, research, and analysis;
      • Preparation and drafting of contracts, agreements, memoranda and other documents;
      • Participation in negotiations and closing of contracts, signing of agreements;
      • Court representation;
      • Representation before state, municipal, and banking institutions.
      • Procedural representation and legal defence in all court instances during commercial, civil, and administrative lawsuits.
      • Preparation of court documentation without court representation;
      • Assessment of possible legal risk in filing a lawsuit for a specific legal dispute;
      • Assistance in out-of-court settlements;
      • Procedural representation and facilitation of the receivables recovery process after a court enforceable ruling.
      • Consulting on a current or future cases filed with the Commission for Protection of Competition;
      • Procedural representation before the Commission for Protection of Competition;
      • Research, statements, and consulting on competition law.

    With us,
    your corporate legal issues
    will be in good hands.

    Petya Noycheva & Partners Law Office’s goal and mission is to prevent problems from happening before they even arise. We succeed in doing so because we know our clients’ businesses. Our phone lines are always open for you and we will answer all your calls at any time. A first consultation with us is entirely free!

    Swears by Arial Narrow, 11pt.

    Petya Noycheva

    Partner

    Member of the Sofia Bar Association since 2000

    Co-founder and Partner in Petya Noycheva & Partners since December 2006

    A litigation expert, specialising in negotiations and commercial law

    Petya Noycheva’s legal expertise is in the field of negotiations between companies and clients’ negotiations with banks, institutions, and state authorities. Ms. Noycheva has a solid experience in conducting negotiations in countries from the European Union, Switzerland, the Middle East – such as Iran, UAE, Qatar, Kuwait, as well as in the USA, China, Japan, and others. Her success in developing negotiation strategies and holding commercial and legal talks with a wide range of business clients has contributed to her excellent reputation in international legal practice.

    Petya Noycheva is an expert in contract law and preparation of commercial agreements.

    She works in cooperation with local and foreign law offices, which specialise in different areas of law, and if needed, she assists in finding appropriate consulting services from law experts in Bulgaria and/or abroad, supervising a specific case until its successful completion.

    Ms. Noycheva is fluent in English.

    In her spare time she likes travelling and playing tennis.

    +359 2 958 23 38 | +359 888 640 973 | noycheva@pnp.bg
    Bulgarian, English

    Romanticist-in-residence.

    Andon Nastev

    Partner

    Member of the Sofia Bar Association since 2006

    Co-founder and Partner in Petya Noycheva & Partners since December 2006

    A specialist in the field of contract law, industrial property law and procedural representation

    Andon Nastev has specialised in contract law. He has considerable expertise in drafting commercial contracts, including agreements under the Law on Copyright and Neighbouring Rights.

    Industrial property and more precisely trade marks are the legal area Mr. Nastev focuses on. He provides consulting, registration, and protection for your trade mark.

    Andon Nastev is the Bulgarian lawyer who was among the first to initiate (in compliance with the 2008 Civil Procedure Code) a reference for preliminary ruling from the Court of Justice of the European Union regarding an interpretation of Article 5 of the First Council Directive 89/104/EEC to approximate the laws of the Member States relating to trade marks, including an interpretation of the term “import” within the meaning of Article 5(3)(c) of the Directive.

    Mr. Nastev is a registered representative of industrial property in the field of trade marks, entered under Nr. 476 in the Industrial Property Representatives Registry at the Patent Office of the Republic of Bulgaria.

    Andon Nastev is also a European Representative of Industrial Property in the field of trade marks, registered with the European Union Intellectual Property Office under registry entry Nr. 69916 of the registered industrial property representatives with the European Union Intellectual Property Office.

    Andon Nastev works in cooperation with local representatives of industrial property for countries from Europe, the Middle East, and Asia. If foreign national trade marks are to be registered, Mr. Nastev provides assistance and acts as a mediator between a client and foreign intellectual property offices, monitoring the process of registration until the procedure is successfully completed.

    Mr. Nastev speaks English, German, and Russian.

    In his leisure time he enjoys his hobbies – photography, painting, and ceramic art.

    +359 2 958 23 38 | +359 885 021 029 | nastev@pnp.bg
    Bulgarian, English, German, Russian

    Knows who killed Laura Palmer.

    Ginka Dimitrova

    Associate Attorney

    Member of the Sofia Bar Association since 2010

    Ms. Dimitrova began her career at Petya Noycheva & Partners in 2007 and became an associate attorney in 2010.

    She is an expert in food legislation, the laws on food supplements and medical devices and equipment.

    Ginka Dimitrova has focused her professional interests in the area of food safety legislation as this legal sphere is currently being developed in Bulgaria. She has specialised in European food legislation by attending a number of trainings and discussions in the field, including meetings with Bulgarian food safety authorities. She has submitted proposals for the introduction of changes in the food legislation in Bulgaria.

    Ms. Dimitrova is a consultant on medical devices and equipment legislation. She is a highly qualified and experienced lawyer in activities related to registration, labeling and market placement of medical supplies and equipment of any class. She takes part in legal trainings about medical devices abroad, including the strategic event held in Dusseldorf, The International Congress on Market Access & Regulatory Affairs in Medical Devices (MARA2016).

    Ginka Dimitrova provides consulting on corporate registration procedures for state and municipal authorities such as the Customs Agency, the Bulgarian Food Safety Agency, the Bulgarian Drug Agency, the Commission for Personal Data Protection, the Commercial Register, the Ministry of Health, the Regional Environmental Protection Agencies, and others. She has a solid experience in resolving various legal issues and has mastered her conflict resolution skills when such situations arise between representatives of the business sector and the state administration.

    Ms. Dimitrova has a personal goal of protecting the right to court representation for all, regardless of their financial and/or social standing. For this purpose, she volunteers as a pro bono legal counsel.

    She is fluent in English.

    In her leisure time she likes reading, travelling, and camping.

    +359 2 958 23 38 | +359 885 44 92 91 | dimitrova@pnp.bg
    Bulgarian, English

    Power beyond muscle.

    Dimitar Yanev

    Associate Attorney

    Dimitar Yanev started working for Peya Noycheva & Partners Law Office in 2016.

    He holds a Master’s Degree in Law from the University of National and World Economy, which he graduated with distinction in 2015. While completing his degree, Mr. Yanev took part in and was the winner of national competitions in civil and commercial case studies. He published articles and attended seminars and further trainings in commercial law.

    Dimitar Yanev provides paralegal and technical services to the law office team, participates in drafting all documents and assists in maintaining contacts between clients and partners.

    Mr. Yanev is interested in specialising in commercial and contract law, industrial property law, and labour law.

    He speaks fluent English.

    In his spare time he enjoys hiking and mountaineering.

    +359 2 958 23 38 | +359 890 91 11 01 | yanev@pnp.bg
    Bulgarian, English

    News & Articles.

    Apart from the latest legal news, this is where — every two months — an article or a white paper penned by a member of our team will be published. Inevitably, legal matters will be discussed but those shall invariably be of at least some practical relevance to our clients and prospects. The objective of the articles section is indeed to strip the burning legal issues of the day from the legalese and make them comprehensible.

    Trade mark registration

    In my article When and should I register a Name as a brand I discussed the issue in which cases you should keep your name as a trade mark and how to choose a name/logo.

    In my article In which countries to register your own brand I discussed what trade mark to register – national, regional, and national or regional with international registration, correspondingly.

    In this article we will present the procedure for the registration of a national Bulgarian trade mark.

    Registration starts with the choice of a name/logo which you should register as a trade mark.

    The check of your chosen name/logo is not an obligatory step of the registration procedure by law, but in our opinion, it is the most important and vital step and for this reason we strongly recommend all our clients check their chosen name/logo – if it is not identical or similar to earlier trade marks and/or applications for registration of trade marks. In this reference, you may contact us and we will be pleased to assist you.

    This check may be made informally – by research within the database of the Patent Office or formally – by payment of a fee to the Patent Office to make such a check. The fee to be paid to the Patent Office varies according to the time for which we would like to have such check made.

    If it appears that the name/logo chosen by you is similar or identical to earlier trade marks and/or applications for trade mark registration, we recommend you limit your selected goods and/or services so as to avoid any opposition on the part of the earlier trade marks/applications, and if that is not possible, to change your selected name/logo or to choose a new one in order to avoid any possible oppositions against your application by the owners of earlier similar and/or identical trade marks/applications.

    As part of the check of a name/logo you should make an assessment if it does not have an indicative nature with respect to the goods and/or services, which you will designate/offer through the trade mark. For example, if you produce strawberries, you cannot keep the image of a strawberry or the word ‘strawberry’ as a trade mark, because they indicate the type and nature of goods that you produce and the Patent Office will reject your application, but if you produce computers, then there is no problem to keep the image of a strawberry or the word ‘strawberry’ as a trade mark of your produced computers.

    After making a check for the name/logo, you should submit an application for trade mark registration and pay the due state fee to the Patent Office to make such check for you.

    Patent Office makes an official check of the trade mark where to look for the so called absolute reasons for refusal, such as if the trade mark is not in conflict with the good morals (this is the case when it has depiction of obscene or forgotten words or symbols), if it has an indicative nature (as in the above example) and if it presents common symbols, national emblems and signs (for example, you may not keep as a trade mark the sign of conformity “CE”, which is placed on certain products designed for the EU trade market and represents the abbreviation of the French phrase “Conformité Européene”, which literally means “European conformity”).

    If the Patent Office decides that there are no absolute reasons to reject your application for registration, then it will publish it in its official journal.

    Patent Office does not watch officially for the presence of earlier and/or identical trade marks/applications.

     

    For this reason, there is a three-month period that starts running from the date of publishing, within which the owners of earlier similar or identical trade marks/applications, if any, may file an opposition against your application for trade mark registration requesting that the Patent Office issue a refusal for registration of your trade mark, because it is similar or identical to theirs and could confuse consumers.

    If an opposition is filed, the registration proceeding will be ceased until issuance of a resolution by the opposition department. The resolution of the opposition department, however, is not final and may be appealed to the dispute department at the Patent Office, whose resolution in turn is subject to a court supervision. To file an opposition and to make an appeal you should pay state charges and lawyer’s fees and representatives of industrial property. Except related to payment of fees and state charges, the whole opposition proceeding takes a lot of time and may last for about 3-4 years if the resolution is appealed to all of the above instances. That is why, we always advise our clients to check their selected name/logo for the availability of any earlier similar or identical trade marks/applications in order to avoid any possible oppositions and thus saving money and time and to register their trade mark quicker and successfully.

    Another period of 3 months starts running as of the date of publishing of the application in the journal, within which each individual or legal entity is entitled to make an objection against their submitted application if they think that the Patent Office has not made a due check and the published application is in conflict with any of the so-called absolute reasons for refusal, described above, that should be under the official supervision of the Patent Office. Any objections are made at no cost.

    If no oppositions and/or objections are files against the published application for trade mark registration within 3 months after its publishing or the objections and oppositions so filed have been rejected, the Patent Office shall serve a notice on the applicant to pay a fee for the trade mark registration, and after that it will register the trade mark and issue a certificate for its registration.

    The registered trade mark is published in the journal of the Patent Office and is valid for 10 years, and after that it may be renewed many times for another consequent periods of 10 years upon payment of the respective fee.

     

    Andon Nastev, Attorney-at-law

    Petya Noycheva and partners law office

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