Intellectual Property
Trade marks and intellectual property are often a business's most valuable assets. We provide strategic advice on their registration, protection and commercial exploitation.
SM Legal has wide experience in the registration and monitoring of trade marks, filing of oppositions and representation before the Bulgarian Patent Office, the European Union Intellectual Property Office (EUIPO) and the courts in appeals and disputes.
Before filing an application we run a search for similar earlier marks and assess the distinctiveness of the sign. This helps clients avoid refusal or a dispute with the holder of an earlier right, both of which can cost far more than a preventive search.
We advise on the most appropriate territorial scope of protection — a national mark, an EU trade mark or an international registration under the Madrid System administered by the World Intellectual Property Organization (WIPO) — and coordinate procedures with local counsel in third countries.
Our services
- Clearance and similarity searches
- Registration of national, EU and international trade marks
- Registration of industrial designs
- Trade mark watch and alerts on conflicting applications
- Filing and defending oppositions
- Representation before the Bulgarian Patent Office and EUIPO in appeals
- Litigation before the courts
- Licence and assignment agreements
- Copyright — commissioning and assignment agreements
- Trade secret protection and customs enforcement
Our approach
We build a portfolio of rights that follows the business strategy — protecting key markets and products first and expanding coverage as the client grows. We monitor renewal deadlines and notify clients in good time.
Frequently asked questions
How long is a trade mark registration valid?
Bulgarian and EU trade mark registrations are valid for ten years from the filing date and may be renewed indefinitely for further ten-year periods.
National, EU or international registration?
The choice depends on the markets in which you operate or plan to operate. An EU trade mark provides unitary protection in all Member States, while the Madrid System allows extension to more than one hundred countries on the basis of a single application.
What is an opposition and when can I file one?
An opposition is an objection to the registration of a third party's application that is similar to your earlier mark. It must be filed within a statutory period after publication of the application, which is why monitoring new filings is essential.
Need legal advice?
Get in touch — we will respond within one business day.