Notification about conduct of correspondence on trademark, designs, patents or utility models applications

  • I.Post correspondence with a return receipt, through a licensed postal operator, by fax and e-mail.

1. Correspondence from the Patent Office of the Republic of Bulgaria to the parties to the proceedings or to their representative shall be sent by post, with a return receipt through a licensed postal operator. For the date of receipt shall be considered the date indicated in the return receipt upon receipt of correspondence from the addressee.

2. If the addressee refuses to accept the correspondence, it shall be deemed to have been served on a regular basis and the time limits shall be calculated from the date on which acceptance was refused.

3. Correspondence sent by e-mail is considered to be received by its entering into the information system of the addressee, which is not under the control of the sender according to Art. 10 of the Electronic Document and Electronic Certification Services Act and which is certified by receiving of a return response from the addressee’s server. The return response is received by the sender of the correspondence.

4. Correspondence sent by fax shall be deemed to have been received by the addressee in the presence of a positive fax report to the addressee.

5. When the service of correspondence by the abovementioned means is without effect, the notification may be made by oral notification to the addressees by telephone, if known, and the addressees shall be informed that they may receive the correspondence within 7 day period after which the correspondence shall be deemed to have been delivered and the time limits laid down therein shall begin to run. The oral notification shall be certified in writing by a Protocol, signed by the person who made the communication and two witnesses, and shall be attached to the file.

6. When all of the above mentioned methods for delivery of correspondence by the Patent Office of the Republic of Bulgaria have been exhausted without result, a message shall be uploaded on the official website of the Office in the ‘Publications’ sector, section ‘Protocols for undelivered correspondence’ and placed on the board in the Front office room, containing: indication of the proceedings, details for the subject (name and number), name and address of the person filing the complaint or request or of the industrial property representative, type of the correspondence, actions to be undertaken and their time limits. The time limits set out in the correspondence shall start to run from the date on which the protocol for unreceived correspondence is removed from the official website of the Office and from the message board.

  • II.Correspondence through the e-services Portal and through the Secure Electronic Delivery System (SEDS) maintained by the State Agency for Electronic Governance.

1. In case that the message has been read within 7 days of its sending, information about this fact shall be printed and attached to the respective dossier. The time limits shall be counted from the date the message accessed the e-services Portal or SEDS.

2. In case that the message has not been read within 7 days from the day following its submission, a copy of the correspondence shall be sent in accordance with the order set out in section I, items 1 - 6, on the following working day at the latest. Notifications about changes of name or address shall be sent without a return receipt.

3. When the correspondence is sent in accordance with the order stipulated in section I, items 1-6, but in the meantime is read on the е-services Portal of the Office and/or in SEDS, the deadlines shall be counted from the earlier date.

4. When the correspondence, sent by post with a return receipt but not received and subsequently announced in the section “unreceived correspondence” on the website of the Patent Office of the Republic of Bulgaria and as a result of this announcement was read on the e-services Portal and/or in SEDS, the time limits should be counted from the earlier date.

  • III.The procedure, laid down in section II, shall not apply to opposition proceedings, disputes, administrative penal proceedings and appeals before the court. In case that, for any technical reasons, the correspondence is not possible to be sent electronically, the same shall be submitted by mail with a return receipt.
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