Monitoring of IP Rights
Trade mark monitoring services are performed by intellectual property specialists with the objective of:
Ongoing surveillance of newly filed trade mark applications in national, European, and international databases;
Assessment of similarity and/or identity between the monitored registered mark and any subsequently filed signs or names;
Evaluation of the goods and/or services claimed in new applications, particularly where such classes overlap with those covered by the registered mark under monitoring.
As a trade mark owner, it is essential to take proactive steps to safeguard your rights, as the competent intellectual property office does not examine ex officio whether a newly filed application conflicts with earlier registered marks. A professional monitoring service is therefore the most effective mechanism for identifying potentially conflicting applications in a timely manner and enabling the filing of an opposition within the statutory three-month period.
In the absence of monitoring, identical or confusingly similar marks may proceed to registration and use without your knowledge. Furthermore, pursuant to the latest amendments to the Bulgarian Marks and Geographical Indications Act, the proprietor of an earlier mark who knowingly tolerates the use of a later registered mark for five consecutive years forfeits the right to seek its invalidation or to oppose its use based on the earlier rights.