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Trade marks in Bulgaria – implementation of the new European rules

    Services

    • 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;
      • Consultations on the General Data Protection Regulation /GDPR/;
      • Preparing complete setsof documents for personal data controllers.
      • 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.

    Andon Nastev can advise you on the requirements of the General Data Protection Regulation /GDPR/ and prepare a complete set of documents for you that fits your business.

    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

    Partner

    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

    News & Articles.

    Apart from the latest legal news, this is where 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.
    Petya Noycheva & Partners will use the email you provide only for sending news or articles not often than once a month. By subscribing, you agree with that and we assure you we will treat your data responsibly.

    You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at newsletter@pnp.bg.

    Trade marks in Bulgaria – implementation of the new European rules

    By the end of 2015, the European Parliament and the Council of the European Union adopted two legislation acts that fundamentally changed the trade mark legislation.

    These two acts are:
    • Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market, hereinafter referred to as the Regulation
    and
    • Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks, hereinafter referred to as the Directive.

    The Regulation and the Directive have changed and synchronized the trade mark legislation at European and at national level. They obliged the EU member states to bring their national legislations in line with the Directive.

    One of the major changes is the new definition of the European Union trade mark, in result of which the requirement for graphic representation of the sign when filing application for an EU trade mark has been dropped since October 1st, 2017. European Union trade marks can now be represented in any appropriate form through available modern technologies, provided that their representation is clear, precise, self-contained, easily accessible, intelligible, durable and objective. This change gave birth to several new types of trade marks that have not existed so far along with the relevant requirements for their representation. These new types of trade marks are the position mark, the pattern mark, the motion mark, the multimedia mark, the hologram mark, and the sound mark represented by an audio file which was not possible until October 1st, 2017.

    The new types of trade marks:

    The position mark is a mark consisting of the specific way in which the mark is placed or affixed on the goods. It shall be represented by a reproduction which identifies the position of the mark and its size or proportion with respect to the relevant goods. The representation may be accompanied by a description detailing how the sign is affixed on the goods. The representation has to be submitted in JPEG format. For example, if you are a manufacturer of shoes or bags, an example of such trade mark would be an image that shows where the mark is placed on the shoes or bags and what is its size in relation to them.

    The pattern mark is a mark consisting exclusively of a set of elements (pattern) which are repeated regularly. It shall be represented by submitting a reproduction showing the pattern of repetition. The reproduction may be accompanied by a description detailing the way the elements are repeated regularly. The representation has to be submitted in JPEG format.

    The motion mark is a mark consisting of, or extending to, a movement or a change in the position of the elements of the mark. This type of mark shall be represented visually by a video file or by a series of sequential still images showing the movement or change of position. Where still images are used, they may be numbered or accompanied by a description explaining the sequence. The representation of the mark has to be submitted in JPEG or MP4 format.

    The multimedia mark is a mark consisting of, or extending to, the combination of image and sound. This type of mark shall be represented visually by submitting an audiovisual file containing the combination of the image and the sound. The file should be in MP4 format and may be accompanied by a description.

    The hologram mark is a mark consisting of elements with holographic characteristics. This type of mark shall be represented visually by submitting a video file or a graphic or photographic reproduction containing the views which are necessary to sufficiently identify the holographic effect in its entirety. The representation of the mark has to be submitted in JPEG or MP4 format and may be accompanied by a description.

    The sound mark is a mark consisting exclusively of a sound or combination of sounds. Until October 1st, 2017 this type of mark could only be presented through musical notation, but with the abolition of the obligation for graphic representation of the sign it can now also be represented by an audio file reproducing the sound/melody. The representation of the mark has to be submitted in JPEG or MP3 format and may be accompanied by a description.

    The Directive obliged all EU Member States to bring their national legislations in line with it by adopting the abolition of the requirement for graphic representation of the mark in their laws.

    The deadline expired on January 14, 2019.

    Currently, 6 months later, Bulgaria has not changed yet its national Law on Marks and Geographical Indications /LMGI/ and according to Art. 9 of it a trade mark is a sign which is capable of distinguishing the goods or services of one person from those of other persons and can be represented graphically.

    What are the consequences of this delay?

    In relation to the Bulgarian state, the EU Commission may start infringement proceedings resulting in fines being imposed on Bulgaria.

    With respect to those who would like to register some of the new types of trade marks as their national Bulgarian mark with effect on the territory of Bulgaria, the European court considers that the directive can produce a direct effect and bind the respective Member State when:
    – the national law has not been changed in accordance with the directive,
    – the terms of the directive are unconditional and sufficiently clear and precise;
    – the terms of the directive give rights to individuals.

    In the case of the Directive all three conditions are fulfilled and everyone has the right to refer directly to the Directive and apply for the registration of one of the above-mentioned new types of trademarks, without being represented graphically.

    Meanwhile we hope to see Bulgaria bringing its national law in line with the Directive as soon as possible and until this becomes reality – the Bulgarian Patent Office to comply with the Directive and apply it with priority to the LMGI.

    If I have not been able to answer all your questions about the new types of trade marks or if you hesitate and need help, I would be happy to assist you.

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