National, EU or International Trade Mark — How to Choose

A practical comparison of the three main routes to trade mark protection and how to build a portfolio that follows business growth.

Your business name and logo are assets that deserve protection from the very start. Before filing, it is important to choose the right territorial scope — it determines both the cost and the real strength of protection.

National trade mark

Registration with the Bulgarian Patent Office provides protection within Bulgaria. It suits businesses operating mainly in the local market and can serve as the basis for a subsequent international registration.

European Union trade mark

A single application to the European Union Intellectual Property Office (EUIPO) secures unitary protection in all Member States. This is an efficient solution for companies selling, or planning to sell, in several European countries. Bear in mind that a ground for refusal in any single Member State — such as an earlier similar national mark — can block the entire application.

International registration under the Madrid System

The Madrid System, administered by the World Intellectual Property Organization (WIPO), allows a single application based on a national or EU mark to designate multiple countries — including the US, the UK, the UAE and others. Each designated country examines the application under its own law, but the procedure and renewals are managed centrally.

Before filing: clearance search

A search for similar earlier marks is the most cost-effective investment in the process. It shows whether the sign can be registered and whether its use may infringe third-party rights. We recommend carrying out the search before investing in branding, packaging and marketing.

After registration: monitoring

Registration alone does not stop competitors. Monitoring new applications allows timely oppositions against similar marks. Registrations are renewed every ten years, and prolonged non-use may lead to revocation.

SM Legal offers full management of trade mark portfolios — from search and filing to monitoring, oppositions and renewals.

This publication is for information purposes only and does not constitute legal advice. For advice on a specific matter, please contact us.

Sylvia Marushkina — Attorney-at-law, Founder of SM Legal

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