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PATENT OFFICE OF REPUBLIC OF BULGARIA. Introduction The provision in Article 108 (1) Council Regulation (EC) 40/94 on the Community trade mark (CTMR)

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Presentation on theme: "PATENT OFFICE OF REPUBLIC OF BULGARIA. Introduction The provision in Article 108 (1) Council Regulation (EC) 40/94 on the Community trade mark (CTMR)"— Presentation transcript:

1 PATENT OFFICE OF REPUBLIC OF BULGARIA

2 Introduction The provision in Article 108 (1) Council Regulation (EC) 40/94 on the Community trade mark (CTMR) is one of the corner-stones of the CTM system in its aspect of co-existence with national TM systems. PATENT OFFICE OF REPUBLIC OF BULGARIA

3 Introduction Namely, the proprietor of no longer existing CTM application or registration can request conversion of his CTM application or registration into a national TM application with respect to: Member States designated in the request all or some goods and services PATENT OFFICE OF REPUBLIC OF BULGARIA

4 Grounds for conversion Conversion is possible only when: CTM application is: »withdrawn »finally refused CTM registration is: »finally revoked »declared invalid »surrendered or not renewed PATENT OFFICE OF REPUBLIC OF BULGARIA

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6 Conversion basic principles The request for conversion becomes a national TM application, under the national law of the designated offices. A national application, resulting from a CTM conversion request carries with it its Community dates: filling date, priority date as well as seniority date, where applicable. PATENT OFFICE OF REPUBLIC OF BULGARIA

7 Conversion basic principles Each designated office ought to: examine whether conversion is excluded pursuant to Article 108 (2) CTMR (Article 110 (1) CTMR) treat and examine the ensuing trade mark application in the same way as a normal national trade mark application. PATENT OFFICE OF REPUBLIC OF BULGARIA

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10 Conversion in Bulgarian legislation As per Bulgarian legislation, conversion is particularly regulated by: LAW ON MARKS AND GEOGRAPHICAL INDICATIONS (BG-TML) CHAPTER IVa – COMMUNITY MARK Article 72c (in force as of the date of accession of the Republic of Bulgaria to the EU) PATENT OFFICE OF REPUBLIC OF BULGARIA

11 Conversion in Bulgarian legislation Conversion of a Community Mark Into a National Application Article 72c Conversion of a Community Mark Into a National Application: (1) The applicant for or proprietor of a Community mark may request the conversion of his Community mark application or Community mark into a national mark application for registration... PATENT OFFICE OF REPUBLIC OF BULGARIA

12 Time limit Within two months, counted from the day BPO receives the notification about CTM conversion, the proprietor of ensuing application can take procedural steps. (Article 72c (2) BG-TML) PATENT OFFICE OF REPUBLIC OF BULGARIA

13 National requirements Within this time limit, the proprietor of converted CTM ought to meet the following national requirements, in order his application to be valid and subject to further examination. PATENT OFFICE OF REPUBLIC OF BULGARIA

14 National requirements Legal representation Persons, who have no residence or head office in the Republic of Bulgaria shall conduct business with the BPO through a domestic industrial property agent. (Article 3 (2) BG-TML PATENT OFFICE OF REPUBLIC OF BULGARIA

15 National requirements Translation The filing of standard national application form in Bulgarian language is considered to be a translation of the conversion. Such application must contain identical data as the conversion request. (Article 72c (2) (i) BG-TML) PATENT OFFICE OF REPUBLIC OF BULGARIA

16 National requirements Graphic representations of the mark Except in cases of word mark, graphic representation shall be applied. Where color is claimed, the mark representation shall be in color. (Article 72c (2) (ii) BG-TML) PATENT OFFICE OF REPUBLIC OF BULGARIA

17 National requirements Fee payment BPO collects application and examination fees under the Fee Tariff, approved by the Council of Ministers. (Article 72c (2) (iii) BG-TML) PATENT OFFICE OF REPUBLIC OF BULGARIA

18 National requirements, Where above-mentioned requirements are not met within the fixed time-limit, the request for conversion is deemed withdrawn. However, there are no such special provisions in Bulgarian national law. PATENT OFFICE OF REPUBLIC OF BULGARIA

19 Examination The ensuing application keeps the original filing date, priority or where appropriate seniority date, of the CTM application. BPO treats this application, as a normal national TM application and examines: formalities absolute and relative grounds for refusal PATENT OFFICE OF REPUBLIC OF BULGARIA

20 Figures and facts to

21 As the statistics shows, proprietors of more than 60% of the transmitted CTM conversion requests, take no subsequent steps to meet the legal national requirements. PATENT OFFICE OF REPUBLIC OF BULGARIA Figures and facts

22 This high percentage brings forward the following questions: Whether it is appropriate to notify the requesting party by sending him an invitation, in which stating our national requirements. PATENT OFFICE OF REPUBLIC OF BULGARIA

23 Figures and facts Whether the time limit is not long enough for the proprietors of a CTMs to take the required steps. Is it better this time-limit to be extended? PATENT OFFICE OF REPUBLIC OF BULGARIA

24 Problems In order CTM conversion requests, to be examined faster and without complication, it is important for us to answer the following questions: PATENT OFFICE OF REPUBLIC OF BULGARIA

25 Problems Whether to treat requests for conversion as a subject of a new substantive examination. Is it more appropriate to provide for system examination and registration, under facilitated conditions? PATENT OFFICE OF REPUBLIC OF BULGARIA

26 Problems When speaking of converted CTMs, wherein the listed goods and services are classified according to older classifications, is it necessary to re-arrange them, according to the classification in action? PATENT OFFICE OF REPUBLIC OF BULGARIA

27 Problems Speaking of Bulgaria as a New Member State, the most important problems are those, concerning the conversions of CTMs, applied or registered before the effective date of our accession – PATENT OFFICE OF REPUBLIC OF BULGARIA

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30 Problems In the context of enlargement, no special legislative provisions were foreseen for conversion in the national law. Thus BPO faces following contradictions: PATENT OFFICE OF REPUBLIC OF BULGARIA

31 Problems which date, to be considered as a filing date (respectively priority or seniority date) of the conversion requests for the above mentioned CTMs? which date, the duration of the converted CTM should be calculated from i.e. when does the ensuing TM expire? PATENT OFFICE OF REPUBLIC OF BULGARIA

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