Practice areas - Intellectual Property

Manev&Partners has a vast and long experience in the field of intellectual property and offers integral analysis and complex strategies for the effective protection of intellectual property objects.

Apart from the registration procedure for industrial property objects our team carries out further enforcement in cases of infringement of rights through both through court and out-of-court prosecution.

1. Representation before the Bulgarian Patent Office regarding:  

  • Patent grant procedure (analysis of the technical solution, research of the prior state of art, preparation of the description and the patent claims, filing of the patent application and representation during the patent grant procedure before the Patent Office until the issue of the protection document)
  • Procedure for utility model registration (analysis of the technical solution, research of the prior state of art, preparation of the description and the patent claims, filing of the utility model application and representation during the patent grant procedure before the Patent Office until the issue of the protection document)
  • Procedure for trademark registration (analysis and proposal of an appropriate range of goods and services for which the trademark should be filed, preparation and filing of the application for registration, research for earlier identical or similar trademarks, conducting the registration procedure including procedure/s for cancellation of earlier marks in order to have a successful registration of the filed trademark) 
  • Procedure for industrial design registration (preparation and filing of industrial design application, research for earlier designs in order to analyze the degree of novelty and individual character of the filed design, conducting the design registration procedure before the Patent Office until the issue of the protection document)

2. Representation before the European Patent Office regarding:

  • European Patent grant procedure (filing of European Patent application and conducting the procedure before the European Patent Office until issue of the protection document, contacting of local patent attorneys in the countries where patent protection is sought in order to file translation of the description and the patent claims before the local Patent Office)

3. Representation before the Office for Harmonization in the Internal Market (OHIM) regarding:

  • Procedure for registration of Community Trademark (CTM) (analysis and proposal of an appropriate range of goods and services for which the trademark should be filed, preparation and filing of the application for registration, search for earlier identical or similar CTM trademarks, conducting the registration procedure including procedure/s for opposition and cancellation of earlier marks in order to have successful registration of the filed trademark) 
  • Procedure for registration of Community Design (CRD) (preparation and filing of industrial design application, conducting the design registration procedure before the OHIM until the issue of the protection document)

4. Representation before the World Intellectual Property Organization (WIPO) regarding:

  • Patent filing procedure - PCT Patent (filing of the PCT patent application and conducting the procedure before the International Bureau, retaining of local patent attorneys in the countries where patent protection is sought in order to file translation of the description and the patent claims before the local Patent Office)
  • Trademark filing procedure – Madrid system for registration (analysis and proposal of an appropriate range of goods and services for which the trademark should be filed, preparation and filing of the application for international registration, contacting of local trademark attorney who will continue the protection procedure in case of refusal of registration on national level) 
  • Industrial Design filing procedure – Hague system for registration (preparation and filing of the application for international registration, retaining of local design attorney who will continue the protection procedure in case of refusal of registration on national level)

5. Realization of strategy for protection of intellectual property objects before:

  • Court authorities (conducting of court procedures for protection of rights over objects of copyright, patents, trademarks and industrial designs, establishing the fact of bad faith in filing of trademark applications, appeal of decisions of the Bulgarian Patent Office for refusal to grant a patent, to register a trademark or industrial design, procedural representation before the Supreme Administrative Court against/in support of decisions of the Commission for Protection of the Competition) 
  • Customs Agency (filing of request for implementation of border measures for protection of intellectual property objects, supply of samples or photos of samples of the detained goods (in case of counterfeit goods detention), conducting other activities related to the procedure of implementing border measures)
  • Commission for Protection of the Competition (realizing actions for starting procedures for penalties for unfair competition according to the Law on Protection of the Competition and procedural representation before the Commission)
  • Patent Office of Republic of Bulgaria (realizing actions for starting procedure for penalties for trademarks and industrial designs infringements) 
  • Commencing procedures for criminal prosecution against the infringers of intellectual property rights

6. Registration and defence of domain names for the domain “.bg”

 

7. Consultation in the field of Copyright:

  • Integral analysis of the process of creating the copyright object and proposal of a suitable solution for its protection; 
  • Preparation of the needed contracts and documentation with the authors or the copyright holders for granting the right of use for the copyright object;
  • Support in the negotiation process with the copyright holders for granting the right of use

8. Consultations and preparation of documents related to:

  • Disposition of the rights over intellectual property objects (contracts for transfer of patents, trademarks, designs, licensing agreements, contracts for transfer of copyrights, know-how, trade secret information, franchise agreements, letter of consent and others);
  • Mergers and acquisitions, division and separation of a company, sale of a company enterprise (related to the intellectual property objects); 
  • Commercial distributorship 

9. Intellectual Property Watch:

In the last years we see a very high activity in the field of intellectual property protection in Bulgaria – there are many registrations of trademarks, industrial designs, inventions and utility models. The registration of thousands of industrial property objects leads also to conflict of interests between different competitors. 

In order to ensure a more effective protection for our clients we have developed a special package of services called IP WATCH with its different versions:

Changes in the Bulgarian Trademark Law
After the changes in the Bulgarian Trademark Law which came into force in August 2005 the TRADEMARK WATCH service is very useful and needed for the trademark owners. According to those changes the Bulgarian Patent Office publishes all trademark applications and every third party has the chance to file an objection against such an application before it goes for registration.


Bulgaria and the European Union
After the accession of Bulgaria to the European Union there have been many changes in the statute of the industrial property protection system.
The registration of a Community Trademark has an effect on the territory of the Republic of Bulgaria, and this system differs from the system for registration of a national trademark existing in Bulgaria. During the registration of a Community Trademark there is no ex officio research for the existence of earlier similar trademarks on the territory of the member states. This task is left entirely to the trademark holders, who have the right to file an opposition against the registration of the Community Trademark applied for, if they consider that this trademark could infringe their earlier rights (earlier rights according to the Community Trademark Regulation).
In connection to this new possibility for registering a trademark for the territory of Bulgaria it is essential to obtain information about the appearance of new similar application in the shortest possible timeframe.


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