Each design makes the product attractive to consumers and can even be its unique feature that allows sales to increase. Thus, its registration and maintenance through the renewal of an industrial design is an extremely important part of the strategy for the protection of intellectual property of each owner. A registered industrial design gives its holder a monopoly right to prevent it from being copied or imitated by competitors, and thus increasing its competitiveness. Businesses often spend considerable time and resources to ensure the attractiveness of their products, and so the renewal of industrial design has an important practical side because it allows for a fair return on investment.
Each industrial design is an intangible fixed asset that increases the commercial value of the enterprise and its products, and the better the registered design is recognized, the greater its value to the enterprise. An important reason to renew the registration of a protected design is the possibility to transfer the right to use (license) to other persons for a fee, through which the holder can gain access to markets that would otherwise be inaccessible. Last but not least, the registration of industrial designs encourages
fair competition and trade, which in turn creates incentives for the production of a variety of aesthetically pleasing products. The renewal of the registration of an industrial design constitutes a continuation of the protection of the owner’s intellectual property rights upon payment of a fee due. When the fee is paid and the registration of the design is renewed, its validity is renewed for a period determined by national, regional, or international law.
Unlike the trademark, the possibility of renewal of an industrial design is limited in time up to 25 years. It should be borne in mind that the term of protection of a registered industrial design varies depending on the different legislation. It is usually at least 5 ÷ 10 years but varies according to current legislation. After these years, the owners are required to renew their industrial design. Knowledge of the peculiarities of the various current legal provisions is extremely important. This must be taken into account when taking action to renew a design in different countries. No new images can be added when renewing an industrial design. According to Bulgarian legislation, it is possible to renew only for some of the designs if the owner desires.
The renewal fee is paid to the relevant national / regional industrial property office. Payment is made in national currency. Each Office has an approved tariff for the renewal of registered industrial designs, which is subject to change. It is good to be checked as of the date of payment.
For industrial design in Bulgaria, the term of the registration is 10 years from the date of filing. The law allows for renewal of registration for three consecutive periods of 5 years. Thus, the validity takes a total of up to 25 years. The registration of a Bulgarian industrial design is renewed in the Bulgarian Patent Office.
For the territory of Bulgaria, the request for renewal of the registration of an industrial design must be filed in the last year, before the expiration date of the design and the accompanying fee must be paid within the same period.
The renewal is valid from the day following the date on which the existing registration expires. It is valid for a further period of 5 years. If the above actions are not performed, the holder has the opportunity to perform them in the so-called grace period. This is the period in which the design has expired. However, the renewal can still be paid with a fine within 6 months.