New Law on Marks and Geographical indications in Bulgaria and its entry in force

new lawOn the 13th of December 2019th in the official gazette was published the new Law on Marks and Geographical indications (Law on Marks and GIs). The law was voted in the parliament on the 28th of November and entered in force on the 17th of December.

The new law on marks and GIs revokes the old one which was in force from 1999 with several changes during the years.

The grounds for the radical change is the requirement of synchronisation of the national legislation with 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 and REGULATION (EU) No 1151/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 on quality schemes for agricultural products and foodstuffs.

It is noteworthy that the law provides that it enters in force immediately and also applied to all and any pending procedures and cases. Thus according to par. 5 from the transitional regulations of the Law on Marks and Gis:

§ 5. (1) This law shall apply to applications for registration of marks and geographical indications for which a decision has not entered into force before its entry into force.
(2) This law shall apply to applications for revocation and cancellation of marks and geographical indications for which a decision has not entered into force before its entry into force.

The entering in force of the law immodestly after its publication and its application with regards to pending procedures opened questions concerning the deadlines. The new Law on Marks and GIs shortens almost all existing deadlines for appeals, submission of evidences and answer to official notifications. It is not decided and there are no clear instructions from the Patent office how those cases will be dealt and we will have to see what will happen in future appeals.

Source: www.ipconsulting.eu

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