Intellectual Property Transfer in Bulgaria (Part 4) - Trademark Licensing and Pledge

1. Trademark licensing forms and filing requirements in Bulgaria

• Bulgarian trademark licenses can be exclusive or non-exclusive licenses, covering all or some goods/services, and applicable throughout or part of Bulgaria.
• A licensing agreement must be in writing and registered in the National Trademark Register. The application must include a summary of the contract, specifying: the licensor, the licensee, trademark details, the type of license, the covered goods/services, and the duration of the contract.
• The licensing contract becomes effective towards third parties from the date of its entry in the register.

2. Trademark license filing requirements and documents

• A trademark license agreement must be submitted.
• If the filing application is signed by both parties, clearly identifies the identity and position of the signatories, and contains the required information, there is no need to attach a license contract or contract summary.

3. Is it necessary to submit the original trademark license agreement?

• A true copy will do.

4. Does a trademark license agreement need to be notarized or translated?

• Legalisation or notarisation is generally not required, unless the document is issued by a foreign authority or involves a power of attorney. All documents must be translated into Bulgarian.

5. Is there a specific form I must use?

• unnecessary.

6. What are the legal consequences of not filing a trademark license?

• If not recorded, the license will be invalid against third parties.
• Recording in the register has declaratory effect.

7. Partial Trademark License

• A trademark may be licensed for all or some of the goods/services and for the whole or part of Bulgaria.
• The trademark owner may exercise rights against the licensee who violates the terms of the license contract, including:
  • Contract Term
  • Trademark usage forms
  • Goods/Services within the scope of the license
  • Use area
  • The quality of the licensee's products or services

8. Is it necessary to appoint a professional representative in my country?

• Not mandatory unless the licensee chooses to appoint one.
• If the right holder has his/her domicile or place of business outside the EEA, he/she must appoint an industrial property agent.

9. Official fees for trademark license filing

• 50 BGN (25 EUR) per piece.

10. Is it possible to pledge a trademark in Bulgaria? Is it necessary to record it?

• Can.
• A trademark pledge can only take effect after the pledge documents are submitted and filed in the National Trademark Registration Book and the Special Pledge Central Registration Book.