WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 8 November 2010 
 
(10-5952) 
Council for Trade-Related Aspects of Intellectual Property Rights Original:   English/ 
 anglais/ 
 inglés 
  
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
BULGARIA 
 
 The present document reproduces the text
1 of the Law on Marks and Geographical 
Indications, as notified by Bulgaria on 27 July 2010 under Article 63.2 of the Agreement (see 
document IP/N/1/BGR/2). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
BULGARIE 
 
 Le présent document contient le texte
1 de la Loi sur les marques et les indications 
géographiques, notifiée par la Bulgarie le 27 juillet 2 010 au titre de l'article 63:2 de l'Accord (voir le 
document IP/N/1/BGR/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
BULGARIA 
  En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio y de Indicaciones Geográficas, notificado po r Bulgaria el 27 de julio de 2010 en virtud de 
lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/BGR/2). 
 
    
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 2 
 
 
  LAW ON MARKS AND GEOGRAPHICAL INDICATIONS 
 
Publ. in State Gazette No. 81/ 14.09.1999, amended No. 82/17.09.1999; amended No. 28/01.04.2005, 
amended No. 43/20.05.2005, ame nded No. 94/25.11.2005, amended No. 105/29.12.2005, amended 
No. 30/11.04.2006, amended No. 73/05.09.2006; amended, No. 59/20 July 2007   Chapter I - GENERAL PROVISIONS  Subject Matter  
Art. 1. This Law governs the conditions and proce dures for the registration of marks and 
geographical indications, the rights arising therefrom and the protection of those rights. 
 
Field of Application  
Art. 2. (1) The provisions of this Law shall apply to Bulgarian natural persons and legal 
entities and to foreign natural persons and lega l entities from States party to international 
treaties to which the Republic of Bulgaria is also party. 
 
(2) With regard to foreign natural persons a nd legal entities from other countries, this Law 
shall apply on the basis of reciprocity at the discretion of the Patent Office. 
 
Representation 
 
Art. 3. (1) Any person having the right under this La w to conduct business with the Patent 
Office may do so either in person or through a local industrial property agent. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Those persons 
provided for in paragraph (1) who have no r esidence or headquarters in the Republic of 
Bulgaria shall conduct business with the Pate nt Office through a local industrial property 
agent. 
 
Fees 
 
Art. 4. (suppl. - State Gazette No. 43/2005,  in force since 21.08.2005, amended – State 
Gazette No. 73/2006, in force since 06.10.2006) The Patent Office shall collect fees for: 
filing of applications; priority; registration; issue of certificates; acceleration of examination as to substance; renewal of registration; en tries; correction of errors; appeals against 
rejections, revocation and invalidation; ex tension of time limits; publications of the 
application, registration and entries; filing of  applications for international registration; 
forwarding of Community trademark applications ; requests to determine whether a mark is 
well-known or with a reputation; publication of a mention about a mark being determined as 
well-known or having a reputation;  information on marks or geogr aphical indications filed for 
registration; enquiries and extracts from the State registers, under a tariff approved by the 
Council of Ministers. 
 
State Register of Marks  
Art. 5. The State Register of marks shall be kept by the Patent Office and shall contain data 
on all mark registrations and all subsequent entries relating thereto. 
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  State Register of Well-Known Marks and Marks With a Reputation 
 
Art. 5a. (new - State Gazette No . 73/2006, in force since 06.10.2006) The Patent Office 
shall keep a Register where entries shall be made of all marks determined as well-known or 
having a reputation in the territory of the Republic of Bulgaria. 
 
State Register of Geographical Indications  
Art. 6. The State Register of Geographical Indications shall be kept by the Patent Office and 
shall contain data on all regist rations of geographical indicati ons, entries pertaining to users 
and all subsequent changes relating thereto. 
 
Access to the State Registers  
Art. 7. (suppl. - State Gazette No. 73/2006, in force since 06.10.2006) The State Registers 
provided for in Articles 5, 5a and 6 shall be public. Any person may request information or an 
extract therefrom. 
 
File  
Art. 8. (1) The Patent Office shall keep a file on every mark or geographical indication, 
which shall consist of all the registra tion documents and subsequent entries. 
 
(2) The Patent Office shall provide other parties with information on a mark or geographical 
indication filed for registration on instructions from the President of the Office.  
(3) The information provided under paragraph (2) sh all include only such data as is published 
on registration of the mark or geographical indication. 
 
 Chapter II - MARKS 
 
SECTION I - REGISTRATION  Definition  
Art. 9. (1) Marks are signs that are capable of di stinguishing the goods or services of one 
person from those of other persons and can be  represented graphically. Such signs may be 
words, including the names of persons, or lette rs, numerals, drawings, figures, the shape of 
goods or of their packaging, a combination of colours, sound signals or any combination of 
such elements. 
 
(2) A mark may be a trademark, a service mark, a collective mark or a certification mark. 
 
Acquisition of the Rights in a Mark  
Art. 10. (1) The rights in a mark shall be acquired by registration as of the filing date of the 
application. 
 
(2) The first to file shall have the right to register. 
 
(3) The right to a mark shall be an exclusive right. IP/N/1/BGR/G/1 
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Absolute Grounds for Refusal of Registration  (title amended – State Gazette No. 73/2006, in 
force since 06.10.2006)  
Art. 11. (1) The following shall not be registered: 
 
(i) signs which are not marks within the meaning of Article 9(1); (ii) (amended - State Gazette No. 43/2005, in force since 21.08.2005) marks which 
are devoid of any distinctive character; 
(iii) (suppl. - State Gazette No. 43/2005, in force since 21.08.2005) marks which 
consist exclusively of signs or indications that have become customary in the current 
language or in the established practices of the trade in the Republic of Bulgaria with respect to the goods or services filed for registration; (iv) (amended - State Gazette No. 43/2005, in force since 21.08.2005) marks which 
consist exclusively of signs designating the kind, quality, quantity, intended purpose, 
value, geographical origin, time or proc ess of production of the goods or the manner 
of rendering of the services, or other ch aracteristics of the goods or services; 
(v) signs which consist exclusively of: 
 
(a) the shape which results from the nature of the goods themselves; 
(b) the shape of goods which is necess ary to obtain a technical result; 
(c) the shape which gives subs tantial value to the goods; 
 
(vi) marks which are contrary to public policy or to accepted principles of morality; (vii) marks which may deceive the cons umers as to the nature, quality or 
geographical origin of the goods or services; 
(viii) (amended - State Gazette No. 43/20 05, in force since 21.08.2005) marks 
which consist of or include es cutcheons, flags or other emblems of States party to the 
Paris Convention, or imitations thereof,  as well as escutcheons, flags or other 
emblems or the full or abbreviated official  names of international intergovernmental 
organizations; 
(ix) (suppl. - State Gazette No. 43/2005, in force since 21.08.2005) marks which 
consist of or include official control and warranty signs and stamps where such signs 
and stamps are used to mark identical or similar goods; (x) (deleted - State Gazette No. 43/2005, in force since 21.08.2005) 
(xi) (amended - State Gazette No. 28/2005, amended – State Gazette No. 94/2005, 
in force since 25.11.2005) marks which consist of or include the name or a 
representation of historical and cultural m onuments of the Republic of Bulgaria, as 
specified by the Ministry of Culture; (xii) (deleted - State Gazette No. 43/2005, in force since 21.08.2005) 
 
(2) The provisions of items (ii), (iii) and (iv) of  paragraph (1) shall not apply where the mark, 
through use, has become distinctive in relati on to the goods or services for which registration 
is sought. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The provisions of 
items (viii), (ix) and (xi) of paragraph (1) sha ll not apply where the consent of the relevant 
competent authority has been obtained. 
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  Relative Grounds for Refusal (title amended – State Gazette No. 73/2006, in force since 
06.10.2006)  
Art. 12. (1) A mark shall not be registered:  
 
(i) if it is identical with an earlier mark, and the goods or services of the mark applied 
for registration and those of the earlier mark are identical; (ii) if because of its identity with or sim ilarity to an earlier ma rk and the identity or 
similarity of the goods or services covered by the two marks there exists a likelihood 
of confusion on the part of the consumer s; the likelihood of confusion includes the 
likelihood of association with the earlier mark; (iii) if it consists of a geographical designation or derivatives thereof. 
 
(2) For the purposes of paragraph (1), "earlier mark" means: 
 
(i) a registered mark with an earlier filin g date or an earlier priority date, as 
appropriate; (ii) a mark applied for registration with an  earlier filing date or an earlier priority 
date, as appropriate, if it is registered; (iii) a mark which is well known in the terr itory of the Republic of Bulgaria on the 
filing date or priority date, as appropriate, of the mark. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) A mark shall not be 
registered if it is identical with or similar to an earlier mark and is intended for goods or 
services that are not identical with or similar to  those for which the earlier mark is registered, 
where that earlier mark is well known in the terr itory of the Republic of Bulgaria and where 
use without due cause of the mark applied for re gistration would take unfair advantage of, or 
be detrimental to, the distinctive ch aracter or repute of the earlier mark. 
 
(4) The provisions of paragraph (1)( ii) and paragraph (3) shall not apply where the consent of 
the holder of the earlier ma rk has been obtained. 
  SECTION II – CONTENTS OF THE EXCLUSIVE RIGHT IN A MARK (title amended – State  Gazette No. 73/2006, in force since 06.10.2006)  
Rights Conferred by a Mark 
 
Art. 13. (1) The right in a mark shall comprise the ri ght of its holder to use it and dispose of 
it, and to prevent third parties not having his consent from using in the course of trade:   
(i) any sign which is identical with the ma rk in relation to goods or services which are 
identical with those for whic h the mark is registered; 
(ii) (suppl. - State Gazette No. 43/2005, in force since 21.08.2005) any sign where, 
because of its identity with or similarity to the mark and the identity or similarity of 
the goods or services covered by the mark and the sign, there exists a likelihood of 
confusion on the part of the consumers;  the likelihood of confusion includes the 
likelihood of association between the sign and the mark; 
(iii) (amended - State Gazette No. 43/2005, in force since 21.08.2005) any sign 
which is identical with or similar to the mark in relation to goods or services which are not identical with or similar to those for which the mark is registered, where the 
earlier mark has a reputation in the territory  of the Republic of Bulgaria and where IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 6 
 
 
  use of that sign without due cause would take  unfair advantage of, or be detrimental 
to, the distinctive character or the repute of the earlier mark. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005; amended – State 
Gazette No. 73/2006, in force since 06.10.2006) For the purposes of paragraph (1), "using in 
the course of trade" means:   
(i) affixing the sign to the goods or to the packaging thereof; (ii) offering the goods, placing them on the market or stocking them for these 
purposes under that sign, or offering or supplying services thereunder; 
(iii) importing or exporting the goods under that sign; 
(iv) using the sign on business pa pers and in advertising. 
 
(3) (amended – State Gazette No. 73/2006, in force since 06.10.2006) The exclusive right 
shall have effect with regard to third bona fi de parties as from the date of publication of the 
registration. 
 
Limitation of the Effects of a Mark  
Art. 14. A mark shall not entitle the proprietor to prohibit a third party from using the 
following in the course of trade, provided that such  use is not contrary to the honest practices 
of the trade:  
(i) his own name or address; (ii) indications concerning the kind, quality, quantity, intended purpose, value, 
geographical origin, the time of producti on of the goods or of rendering of the 
services, or other characteristics of the goods or services; (iii) the mark where it is necessary to indicate the intended purpose of the goods or services, in particular as accessories or spare parts. 
 
Exhaustion of the Rights Conferred by a Mark 
 
Art. 15. (1) (amended – State Gazette No. 73/2006,  in force since the date of Accession of 
the Republic of Bulgaria to the European Union) A mark shall not entitle the proprietor to 
prohibit its use in relation to goods or services which have been put on the market in the 
territory of the European Union member states,  respectively of the European Economic Area, 
under that mark by the proprietor or with his consent. 
 
(2) Paragraph (1) shall not apply where there ex ist legitimate reasons for the proprietor to 
oppose further commercialization of the goods, esp ecially where the condition of the goods is 
changed or impaired after they have been put on the market. 
 
Jointly Held Marks 
 
Art. 16. (1) A mark may be held by two or more person. 
 
(2) Each holder may use the mark without the consent of the other holders and without 
accounting to them for that use, unless otherwise agreed in writing. 
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  Notice of Registration 
 
Art. 17. When using the mark, the proprietor may indicate that it is registered by putting a 
circled letter R alongside it. 
 
Reproduction of Marks in Works of Reference 
 
Art. 18. If the reproduction of a mark in dictionaries, encyclopaedia or other reference works 
gives the impression that the mark constitutes the generic name of the goods or services for 
which it is registered, its proprietor may oblige the publisher of the reference work in question 
to indicate, at the latest in the next edition of  the publication, that the mark is a registered 
mark. 
 
Obligation to Use the Mark 
 
Art. 19. (1) If, within a period of five years following registration, the proprietor has not put 
the mark to genuine use on the territory of th e Republic of Bulgaria in connection with the 
goods or services in respect of which it is register ed, or if such use has been suspended for an 
uninterrupted period of five years, the regist ration may be revoked, unless there are legitimate 
reasons for non-use.  
(2) In addition to the use referred to in Article  13(2), the following shall also constitute 
genuine use within the meaning of paragraph (1):  
(i) use of the mark by the proprietor in a form which does not differ materially from 
the form in which the mark was registered; 
(ii) affixing of the mark to goods or to the packaging thereof in the Republic of Bulgaria, regardless of the fact that they  are intended solely for export purposes. 
 
(3) Use of the mark with the consent of the proprie tor shall be deemed to constitute use by the 
proprietor. 
 Term of Validity of Registration  
Art. 20. (1) Marks shall be registered for a period of ten years following the filing date of the 
application.  
(2) Registration may be renewed, in accordance wi th Article 39, for an unlimited number of 
further ten-year periods. 
 
 SECTION III – DISPOSITION OF THE RIGHTS IN MARKS 
 
Transfer of the Right in a Mark  
Art. 21. (1) A mark may be transferred, independently of any corporate transfer, in respect of 
all or some of the goods or services for which it is registered.  
(2) Jointly held marks shall be transferred onl y with the written consent of all of the 
proprietors, unless otherwise agreed. 
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  (3) The transfer shall be recorded in the State Regi ster at the request of one of the parties, the 
request being accompanied by a transfer document. The new holder shall be given a certificate. 
 
(4) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Where it emerges 
from the transfer document that, owing to the tr ansfer of the mark, users are liable to be 
confused as to the nature, quality or geographical origin of the goods or services, the transfer 
shall not be recorded, unless it is restricted to those goods or services that are not likely to cause confusion.  
(5) The transfer shall have effect vis-à-vis third parties as from the date on which it is entered 
in the State Register. 
 
(6) All documents of which the proprietor is to be  informed shall be addressed to the person 
most recently recorded as the pr oprietor in the State Register. 
 
(7) The provisions of paragraphs (1), (2) and (4) sha ll apply also to the transfer of applications 
for registration. 
 
License Agreement 
 
Art. 22. (1) The proprietor of a mark may permit the use of his mark in respect of all or some 
of the goods or services for which it is registered in all or part of the territory of the Republic 
of Bulgaria by means of a written license agreement. 
 
(2) The use of a jointly held mark shall be pe rmitted with the written consent of all the 
proprietors, unless otherwise agreed. 
 
(3) A license may be exclusive or  non-exclusive. Where the agreement does not specify one 
form or the other, the license shall be considered non-exclusive. 
 
(4) The holder of an exclusive license shall not be entitled to  grant licenses with the same 
subject matter to other persons. He shall be entitled to use the mark only to the extent 
explicitly agreed upon. 
 
(5) (amended - State Gazette No. 43/2005, in force since 21.08.2005) A license agreement 
shall be recorded in the State Register at the request of one of the parties, the request being 
accompanied by an extract from the license agre ement with data identifying the licensee and 
the licensor, the mark and its registration numbe r and the term of the license agreement, with 
the signatures and seals of both parties affixe d thereto. The Patent Office shall issue a 
certificate of recording. 
 
(6) The license agreement shall have effects vis- à-vis third parties as from the date on which 
it is entered in the State Register. 
 
The Rights in a Mark as an Object of Security  
Art. 22a. (New - State Gazette No. 43/2005, in force since 21.08.2005) (1) The rights in a 
mark may be an object of security in a lodged or future claim. At the request of the claimant 
and without notifying the defendant, the court may allow some of the following security measures as well:   IP/N/1/BGR/G/1 
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  1. enjoin the proprietor or the licen see from using the rights in the mark; 
2. enjoin the proprietor from disposing of the rights in the mark. 
 
(2) Security shall be recorded in the State Regist er of Marks at the request of one the parties 
to the claim. 
 
(3) The request shall contain data identifying th e mark proprietor and the person the security 
is intended for, as well as data concerning the mark and the kind of the security measure. The request shall be accompanied by th e security establishment document. 
 
(4) Security shall have effect vis-à-vis third parties as from the date on which it is entered in 
the State Register of Marks kept by the Patent Office. 
 
The Rights in a Mark as an Object of Registered Pledge 
 
Art. 22b. (New - State Gazette No. 43/2005, in force since 21.08.2005) (1) The rights in a 
mark may be an object of registered pledge. 
 
(2) The provisions of Articles 26 to 31 of the Re gistered Pledges Law shall apply to the entry 
of the registered pledge into the State Regi ster of Marks. The pledger shall be given a 
certificate. 
 
(3) The pledge shall have effect vis-à-vis third parties as from the date on which it is entered 
in the State Register of Marks kept by the Patent Office. 
 
Incorporation of the Rights in a Mark into the Bankrupts Estate 
 
Art. 22c. (New - State Gazette No. 43/2005, in force since 21.08.2005) (1) The rights in a 
mark shall be incorporated into the bankrupt s estate in bankruptcy proceedings against the 
proprietor. 
 
(2) The fact of the mark being incorporated in the bankrupts estate shall be recorded in the 
State Register of Marks at the request of one of the parties to the proceedings and shall be 
published in the Official Bulletin of the Patent Office. 
 
 
SECTION IV - LAPSE OF REGISTRATION, REVOCATION AND INVALIDATION OF 
REGISTRATION  Lapse of registration  
Art. 23. (1) The validity of a registration shall lapse on: 
 
(i) expiry of the term referred to in Article 20; (ii) surrender by the holder; (iii) final liquidation of the legal entity holding the registration where there is no 
transfer. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Lapse under 
paragraph (1)(iii) shall take place at the request of a legally interested party. 
 
(3) Expiry of the term of validity of a registration shall cause the rights in the mark to lapse. IP/N/1/BGR/G/1 
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Surrender of Rights in Marks Incorporating Registered Geographical Indications  
Art. 23a. (New - State Gazette No. 43/2005, in force since 21.08.2005) (1) The registration 
of a mark incorporating a registered geographical indication shall lapse on: 
 
1. lapse of the legal protection of the geographical indication; 2. invalidation of the registration of the geographical indication; or 
3. cancellation of the entry of the mark proprietor as a user of the geographical 
indication. 
 
Surrender of Rights  
Art. 24. (1) The proprietor of a mark may surrender the ma rk in respect of all or some of the 
goods or services for which it is registered by means of a written declaration filed with the 
Patent Office. 
 
(2) The surrender of rights shall have effect as from the date on which it is entered in the State 
Register. 
 
(3) If there is a license agreement on record, surre nder shall only be entered if the proprietor 
of the mark furnishes proof that he has notif ied the licensee of his intention to surrender it. 
Entry of the surrender shall be effected on expi ry of two months from the date of furnishing 
the proof. 
 
(4) Surrender of rights by one or more of the joint proprietors of a mark shall not terminate 
the validity of the registration for the remainder of the joint proprietors. 
 
Revocation of Registration  
Art. 25. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Any party 
may request revocation of a registration if: 
 
(i) the mark has not been used as provided in Article 19; (ii) as a result of the action or inaction of  the proprietor the mark has become a 
common name for the product or service in respect of which it is registered; 
(iii) the use of the mark by the proprietor or by another person authorized by him in 
respect of the goods or services for which it is  registered is made so that users are 
misled as to the nature, quality or geogr aphical origin of the goods or services. 
 
(2) Paragraph (1)(i) shall not apply if the proprietor of the mark has initiated or resumed 
genuine use of his mark within the period betw een the expiry of the five-year term and the 
filing date of the revocation request. The start or resumption of the use within three months 
before the filing date of the revocation requ est shall not be taken into account, if the 
preparations for such use or the resumption ther eof were made after the proprietor learned of 
the likelihood of such a request being filed. 
 
(3) Where the revocation request concerns only some of the goods or services, the registration 
shall be revoked in respect of those goods or services only. 
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  Invalidation of Registration 
 
Art. 26. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Any person 
may request invalidation of the registration of a mark where it has been registered in violation 
of the provisions of Articles 2 and 11. 
 
(2) Where the mark has been regist ered in violation of Article 11(1)(ii), (iii) or (iv), the 
registration may nevertheless not be declared i nvalid if the proprietor offers proof that, as a 
result of the use made of it, the mark has ac quired distinctive character in relation to the 
goods or services for which it is registered. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The registration of a 
mark shall be declared invalid at the re quest of any legally interested party if: 
 
(i) the mark is registered in violation of Article 12; 
(ii) (deleted- State Gazette No. 43/2005, in force since 21.08.2005); 
(iii) the mark is registered in the name of an industrial property agent or representative of the proprietor without the latter's consent; (iv) the applicant has acted in bad faith wh en filing the application, that fact having 
been established by a valid court ruling; 
(v) the use of a mark is liable to be prohib ited by virtue of an earlier right of another 
person, that earlier right enjoying protection under another law, namely: 
a) the right to one's name and likeness; b) copyright; c) a plant variety or animal breeder's right; 
d) an industrial property right 
(vi) (new - State Gazette No. 43/2005, in force since 21.08.2005) the mark consists 
of or contains the name of another person's firm which was registered or used in the 
Republic of Bulgaria prior to the filing da te of the application for registration in 
connection with identical or similar goods or services. 
 
(4) A mark may also be declared invalid ex officio by the Patent Office where it has been 
registered in violation of Articles 11 and 12. 
 
(5) Invalidation of a registration un der paragraph (3)(i) shall not take place if the earlier mark 
has not been used within the meaning of Article 19.  
(6) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Invalidation of a 
registration under paragraph (3)(iii)  shall not take place, and the mark shall be transferred to 
the person legally concerned, at the request of that person. 
 
(7) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Invalidation of a 
registration under paragraph (3)(i) and (v) shall not take place provided that the proprietor of 
the earlier mark, respectively the holder of th e earlier right, gives his consent during the 
invalidation procedure. 
 
(8) Where the grounds for invalidation concern only some of the goods or services, the 
registration shall be declared invalid in respect of those goods or services only. 
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  Restriction Due to Acquiescence 
 
Art. 27. (1) Where the proprietor of an earlier mark w ithin the meaning of Article 12(2) has 
acquiesced for a period of five successive years in the use of a later mark despite being aware 
of that use, he shall not be entitled to invoke his earlier mark to request invalidation of the 
later mark or oppose its use in respect of th e goods or services for which it has been used 
unless registration of the later mark was applied for in bad faith. 
 
(2) Paragraph (1) shall apply also to proprieto rs of earlier marks within the meaning of 
Article 12(3) or earlier holders of rights within the meaning of Article 26(3)(v). 
 
(3) In the cases referred to in paragraphs (1) and (2 ), the proprietor of the later mark shall not 
be entitled to oppose the use of the earlier mark , while the proprietor of the earlier mark may 
not invoke his right to request invalidation of the later mark. 
 Legal Effects of Revocation and Invalidation  
Art. 28. (1) Revocation of a registration under Article  25(1)(i) shall be effective as of the 
beginning of the five-year period of non-use. 
 
(2) Revocation of a registration under Article 25(1)(ii) or (iii) shall be effective as of the filing 
date of the revocation request. 
 
(3) Invalidation of a registration shall be effectiv e as of the filing date of the application. 
 
(4) Revocation and invalidation of a registration shall not affect:  
 
(i) enforced court decisions concerning in fringement in so far as they have been 
executed prior to the revocation or invalidation; (ii) license agreements executed prior to the revocation or invalidation, unless otherwise agreed. 
  SECTION V - COLLECTIVE AND CERTIFICATION MARKS  Collective Marks 
 
Art. 29. (1) (supplemented - State Gazette  No. 43/2005, in force since 21.08.2005) 
Collective marks are marks held by an associati on of producers, traders or service providers, 
the association being a legal entity. They serve to distinguish the goods or services of the association members from the goods or services of other persons. 
 
(2) The association must adopt rules for the use of  collective marks that specify: the persons 
entitled to use the mark; the criteria for memb ership of the association; the conditions 
governing use of the mark and the grounds on which an association member may be 
prohibited from using the mark. 
 
(3) The rights in a collective mark shall be non-transferable. Persons who are not members of 
the association may not obtain permi ssion to use the collective mark. 
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  Certification Marks 
 
Art. 30. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Certification 
marks attest the material, manner of manufacture,  quality or other characteristics of the goods 
or services produced or offered with the consent and under the supervisi on of the proprietor of 
the mark. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The proprietor of a 
certification mark shall adopt rules for the use th ereof that specify: the quality, material or 
other characteristics of the goods or services; th e control measures taken by the proprietor and 
the sanctions imposed by him. 
 
(3) The proprietor of a certification mark shall not  be entitled to use it to mark the goods that 
he produces or the services that he renders.  
(4) The registration of a certification mark may be revoked, where the proprietor thereof has 
used it to mark goods produced or services rendered by him. 
 
Specific Provisions (title amended – State Ga zette No. 43/2005, in force since 21.08.2005) 
 
Art. 31. (1) The proprietor of a collective or certification mark shall provide the Patent Office 
with the rules for its use and with informati on on any changes made to those rules. Such 
changes shall be effective as of the date on whic h they are communicated to the Patent Office. 
 
(2) In addition to the circumstances provided for in Article 25, the registration of a collective 
or certification mark may be revoked also where the proprietor has permitted or acquiesced to 
a use in violation of the rules for use of the mark. 
 
(3) A collective or certification mark the registra tion of which is revoked or terminated shall 
be an obstacle to the registration of an identical  or similar mark for identical or similar goods 
or services in the name of another person for three years following th e publication of the 
revocation or termination. 
 
(4) (new - State Gazette No. 43/2005, in force since 21.08.2005) The Patent Office shall 
provide access to the rules for use of  collective or certification marks. 
 
 
SECTION VI - PROCEEDINGS BEFORE THE PATENT OFFICE  Application  
Art. 32. (1) Applications for the registration of marks shall be filed with the Patent Office. 
 
(2) An application shall relate to one mark inte nded for goods and/or services in one or more 
classes of the International Classification. 
 
(3) An application shall contain; 
 
(i) a request for registration; (ii) name and address of the applicant; (iii) a representation of the mark; IP/N/1/BGR/G/1 
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  (iv) a list of the goods and/or services in respect of which the registration is 
requested. 
 
(4) Where the application relates to a collective or  certification mark, the rules for use shall be 
filed together with the other documen ts provided for in paragraph (3). 
 
(5) The application shall meet any other requireme nts that may be laid down in an ordinance 
of the Council of Ministers. 
 
(6) The application shall be accompanied by a document certifying payment of the prescribed 
fees. 
 
(7) The application documents and data  shall be filed in Bulgarian. 
 
Filing date 
 
Art. 33. (1) The filing date of an application shall be  the date on which documents containing 
the information specified in Article 32(3) and (4) are received at the Patent Office. 
 
(2) Where the documents are filed in a language othe r than Bulgarian, the filing date shall not 
change in so far as a Bulgarian translation th ereof is filed within a period of three months 
following that date. 
 
Right of Priority  
Art. 34. (1) An application shall enjoy a right of pr iority over subsequent applications for 
identical or similar marks in resp ect of identical or similar goods or services as of the date of 
filing of the application with the Patent Office within the meaning of Article 33(1). 
 
(2) The applicant shall enjoy a right of priority  as of the date of a preceding application, 
provided that: 
 
(i) the preceding application is regularly file d in a State party to the Paris Convention 
or a Member of the World Trade Organization; (ii) the preceding application is a first app lication within the meaning of Article 4 of 
the Paris Convention and relates to the same mark and the same goods or services; 
(iii) the application is filed with the Pate nt Office within six months following the 
filing date of the preceding application; (iv) priority is claimed within two months from the filing date of the application with 
a mention of the date and country of the preceding application; (v) within three months from the filing date of the application, the applicant pays the 
prescribed priority fee and submits a prio rity document issued by the competent 
authority of the country of filing of the preceding application. 
 
(3) A regularly filed application in  terms of paragraph (2)(i) is any application bearing a filing 
date, whatever may be the outcome thereof. 
 
(4) The right of exhibition priority shall be deemed  to exist as from the date of display of the 
goods or services bearing the mark applied for at an official or officially recognized exhibition, provided that:   IP/N/1/BGR/G/1 
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  (i) the application is filed within six months  following the date of the first display of 
the goods or services; (ii) the application relates to the same mark and the same displayed goods or services; (iii) priority is claimed within two months from the filing date of the application with 
a mention of the date of display and the country in which the exhibition was held; 
(iv) within three months following the filing date of the application, the applicant pays the prescribed priority fee and subm its a document issued by the exhibition 
officials certifying the date of display of the goods or services bearing the mark applied for. 
 Claim of Colour  
Art. 35. The claim of a colour or a combination of colours shall be granted if filed together 
with the application. 
 Examination as to Form  
Art. 36. (1) Every application shall be subjected to  examination for compliance with the 
provisions of Article 33 concerning the assignme nt of a filing date. In the event of non-
compliance with the said provision, the documents re ceived shall be returned to the applicant. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) An application 
bearing a filing date shall be examined as to whether it is accompanied by the document 
certifying payment of the prescribed fees in terms of Article 32(6). In case there is no such document attached, the applicant shall be allowe d three months within which to remedy the 
deficiency. If no fees are paid within that pe riod, the application shall be deemed to be 
withdrawn. 
 
(3) (new - State Gazette No. 43/2005, in force since 21.08.2005) Within two months 
following the filing date of the document certif ying payment of the fees, the application shall 
be examined as to its compliance with the provi sions of Article 32(2), (5) and (7). Where the 
application relates to a collective or certifi cation mark, examination shall be conducted for 
compliance of the rules of use with the provisions of Article 29(2), respectively Article 30(2). In case of deficiencies, the applicant shall be allowed three months within which to remedy 
them. 
 
(4) (former paragraph (3), amended - St ate Gazette No. 43/2005, in force since 
21.08.2005) Where the application does not meet the requirements of Article 32(2) and the 
applicant divides the application within the period provided for in the third sentence of 
paragraph (3), the resulting divisional applicati ons shall keep the filing date or the priority 
date, as appropriate, of the original application. 
 
(5) (former paragraph (4), amended - St ate Gazette No. 43/2005, in force since 
21.08.2005) If the applicant fails to remedy the deficiencies within the period provided for in 
the third sentence of paragraph (3), th e proceedings shall be discontinued. 
 
Publication of the Application 
 
Art. 36a. (1) (new - State Gazette No. 43/2005 , in force since 21.08.2005, former text of 
Article 36a – State Gazette No. 73/2006, in force since 06.10.2006) Applications that meet 
the formal requirements shall be published in th e Official Bulletin of the Patent Office. The 
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  to in Article 36, and shall comprise the incoming number, the filing date or the priority date, 
as appropriate, data identifying the applicant, the kind and a representation of the mark, the 
claim of a colour or colours, the classes and th e list of the goods and ser vices it is applied for. 
 
(2) (new – State Gazette No. 73/2006, in force since 06.10.2006) An application shall not be 
published, if:  
(i) it is withdrawn according to Article 38(1); (ii) it is deemed to be withdrawn according to Article 36(2); 
(iii) the proceedings are discontinued according to Article 36(5); 
(iv) before the preparations for the publica tion are over, but no later than four months 
following the filing date, an application fo r international registration of the same 
mark is filed for the purpose of enjoying a Convention priority. 
 
Objection against Registration of Marks 
 
Art. 36b. (new - State Gazette No. 43/2005, in force since 21.08.2005) (1) Within a period 
of two months following the publication date of  the application, any person may file an 
objection against the registration of the mark on the ground of Articles 11 and 12. 
 
(2) The objection shall be in writing and shall contain a statement of grounds and arguments. 
 
(3) The person filing the objection shall not be a party to the application proceedings; 
however, he shall be entitled to get, on requ est, information concerning the outcome of the 
objection. 
 Examination as to Substance  
Art. 37. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Any 
application shall be subjected to examination as to substance within one year following expiry 
of the term referred to in Article 36b(1), rega rdless of whether there is an objection lodged. 
 
(2) Where a mark is ineligible for registration in respect of all or some of the goods or 
services, the applicant shall be notified accordingl y; he shall be informed of the grounds for 
the refusal and allowed three months within which to respond. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Where the mark 
contains an element which, in itself, is ineligible for registration as a mark under 
Article 11(1)(ii), (iii), (iv), (v), (viii), (ix), or (xi), the applicant may be requested, as a condition for registration of the mark, to re nounce the exclusive right in that element. 
 
(4) Where, within the period provided for in pa ragraph (2), the applicant fails to present a 
reasoned objection and/or restrict the list of goods  or services, or fails to comply with the 
requirements specified in paragraph (3), the deci sion shall be taken to refuse the registration. 
 
(5) Where the mark is found to comply with the pr ovisions of the Law, the decision shall be 
taken to register it. The registration shall be ente red in the State Register of Marks and, within 
one month, the applicant shall be issued a registration certificate. 
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  Termination of Proceedings 
 
Art. 37a. (new - State Gazette No. 43/2005, in force since 21.08.2005) (1) The proceedings 
in the application shall be terminated at the re quest of the applicant, where a request was filed 
for the revocation, invalidation or lapse under Article 23(1)(iii) of the registration of the 
opposed earlier mark. 
 
(2) The proceedings in the application shall be te rminated ex officio, where the refusal is 
based on a mark with an earlier filing date or priority date, as appropriate, or on a mark in 
respect of which the term for filing a registra tion renewal request under Article 39(3) has not 
expired, where an objection was lodged based on the well-known character of a mark, or 
where the decision on the application depends on the preliminary settlement of an issue 
within the competence of another authority. 
 
(3) The proceedings referred to in paragraph (1 ) shall be renewed at the request of the 
applicant upon entry into effect of the decisi on on the respective request or upon recording of 
the termination in the State Register of Marks. 
 
(4) The proceedings referred to in paragraph (2) shall be renewed ex officio upon entry into 
effect of the decision on the opposed earlier applicat ion, upon expiry of the term referred to in 
Article 39(3), upon deciding on the well-known character, or upon delivering a judgment by 
the respective competent authority. 
 
Withdrawal, Restriction and Amendment of the Application  
Art. 38. (1) Until a decision is taken on the application, the applicant may withdraw it or 
restrict the list of goods or services in respect of which the mark is applied for. 
 
(2) No changes are allowed in the application,  except where the name or address of the 
applicant has changed or there are mistakes in th e name or address of the applicant or obvious 
errors that have to be corrected, on cond ition that the corrections do not affect the 
representation of the mark or extend the list of goods or services. 
 
(3) Corrections under paragraph (2) shall be ma de at the request of the applicant. 
 
Renewal of the Registration 
 
Art. 39. (1) A registration shall be renewed at the request of the proprietor of the mark, the 
request being accompanied by a document certifying payment of the prescribed fee. 
 
(2) The request shall contain the registration num ber of the mark and data identifying the 
proprietor.  
(3) The request may be submitted during the last year of the term referred to in Article 20(1), 
or within six months following the expiry of that term against payment of a surcharge. 
 
(4) Where the proprietor of the mark requests rene wal of the registration for only some of the 
goods or services for which the mark is registered , he shall specify the goods or services for 
which renewal is requested. 
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  (5) (amended - State Gazette No. 43/2005, in force since 21.08.2005) In the event of failure 
to meet the requirements of paragraphs (1), (2) and (3), the registration of the mark shall not 
be renewed. 
 
(6) Renewal shall take effect as of the day following the expiry date of the preceding 
registration. 
 
Changes in the Name and Address of the Proprietor  
Art. 40. (1) The proprietor of a mark shall notify the Pa tent Office of any change in his name 
or address within three months after the change occurs. 
 
(2) The change shall be recorded in the State Register at the request of the proprietor. 
 
(3) All documents of which the proprietor is to be  informed shall be sent to the most recent 
address recorded in the State Register. 
 
Changes in the Mark  
Art. 41. (1) No changes shall be made in the mark during the term of validity of the 
registration or on the renewal thereof. 
 
(2) Where the mark includes the name or address of  the proprietor, any change therein may be 
made at the request of the proprietor, provided that such changes do not materially affect the 
mark as registered. 
 Consideration of Disputes  
Art. 42. (1) The Disputes Department shall consider: 
 
(i) appeals against decisions to refuse registration under Article 37(4); 
(ii) (amended - State Gazette No. 43/2005, in force since 21.08.2005) appeals 
against decisions to terminate th e proceedings under Article 36(5); 
(iii) requests for revocation of th e registration under Article 25; 
(iv) requests for invalidation of the registration under Article 26. 
 
(2) (supplemented - State Gazette No. 43/20 05, in force since 21.08.2005; amended – 
State Gazette No. 73/2006, in force since 06.10.2006) The boards for consideration of 
appeals shall be composed of two State examin ers and one legal expert, while the boards for 
consideration of requests shall be composed of  three State examiners and two legal experts. 
The boards shall be appointed by the President of the Patent Office. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The boards referred 
to in paragraph (2) shall deliver opinions for taking of the decisions under Articles 45 and 46. 
 
Terms  
Art. 43. (1) Appeals shall be filed within three months following the date of notification of 
the decision. 
 
(2) Requests may be filed throughout the te rm of validity of the registration. 
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  (3) (deleted - State Gazette No. 43/2005, in force since 21.08.2005) .  
 
Contents of Appeals and Petitions 
 
Art. 44. (1) An appeal shall be accompanied by a statement of grounds, and it shall contain 
data identifying the appellant and the application. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) A petition shall be 
filed in two copies, and it shall contain data  identifying the petitioner, data concerning the 
legal interest of the petitioner, if required , invalidation grounds, as well as evidence, if 
necessary. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The appeals and 
petitions shall be accompanied by a document certifying payment of the prescribed fee. 
 Examination of Admissibility and Formal Regularity of Appeals and Petitions  
Art. 44a. (new - State Gazette No. 43/2005) Appeals shall be examined as to whether the 
term under Art. 43(1) is observed and whethe r the document certifying payment of fees under 
Art. 44(3) is furnished.  
(2) Petitions shall be examined as to whether the document certifying payment of fees under 
Article 44(3) is furnished and whether th ere is a legal interest, if required. 
 
(3) Where no document certifying payment of the pr escribed fees is attached to the appeal or 
petition, or the petition lacks grounding of the le gal interest, the applicant, respectively the 
petitioner, shall be allowed one month to correct the deficiencies. 
 
(4) Appeals that fail to be filed within the term provided for in Article 43(1) and/or for which 
no fee is paid, as well as petitions for which no fee is paid and/or no legal interest is proven, 
shall be considered inadmissible and no proceed ings shall be instituted in connection with 
them. 
 
(5) Every admissible appeal or petition shall be ex amined for compliance with the rest of the 
requirements under Article 44. In the case of defi ciencies, the applicant or the petitioner, as 
appropriate, shall be notified thereof and shall be allowed one month to correct them. If the 
deficiencies fail to be remedied within that te rm, the proceedings in such appeals and petitions 
shall be terminated. 
 
Ruling on Appeals  
Art. 45. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Where an 
appeal is found to be groundless, the President of the Patent Office shall render a decision 
confirming the decision to refuse registration or  the decision to terminate the proceedings. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Where an appeal is 
well-founded, the President of the Patent Offi ce shall cancel the decision and shall take a 
decision to refer the application back for re-exami nation, to register the mark or to renew the 
proceedings. 
 
(3) Where a decision to refuse registration is cancelled on reconsidera tion, a substantive 
decision shall be taken by the President of the Patent Office. IP/N/1/BGR/G/1 
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(4) (new - State Gazette No. 43/2005, in force since 21.08.2005) The decisions under 
paragraphs (1) and (2) shall be  rendered within three months following the filing date of the 
appeal or the remedy of the deficiencies therein. 
 Request Proceedings  
Art. 46. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) A copy of 
the request shall be sent to the proprietor of  the mark, who shall be allowed three months 
within which to respond and, where the request  is made under Article 25(1)(i), to furnish 
evidence of using the mark in the terr itory of the Republic of Bulgaria. 
 
(2) (new - State Gazette No. 43/2005, in force since 21.08.2005) The objection or the 
evidence of using the mark shall be sent to th e petitioner, who shall be  allowed one month to 
respond. 
 
(3) (new - State Gazette No. 43/2005, in force since 21.08.2005) The board referred to in 
Article 42(2) may demand from the parties to produce further evidence and materials, if 
needed. Such further evidence a nd materials shall be sent to the other party, allowing them 
one month to respond in writing.  
(4) (former paragraph 2 - State Gazette No. 43/2005, in force since 21.08.2005) Where the 
request is unfounded, the President of the Patent Office shall take the decision to reject it. 
 
(5) (former paragraph 3 - State Gazette No. 43/2005, in force since 21.08.2005) Where the 
request is well-founded, the President of the Pate nt Office shall take th e decision to revoke or 
invalidate the registration of the mark either wholly or in part.  
 
(6) (former paragraph 4 - State Gaze tte No. 43/2005, in force since 21.08.2005) In cases 
of partial revocation or invalidation of the regi stration, the registration certificate issued shall 
be replaced by a new one.  
(7) (new - State Gazette No. 43/2005, in force since 21.08.2005) The decisions on 
revocation or invalidation requests shall be take n within three months after the process of 
collecting evidence and materials under paragraph (3) is over. 
 
Suspension of proceedings 
 
Art. 46a. (1) (new - State Gazette No. 43/2005, in force since 21.08.2005) The proceedings 
in an appeal shall be suspended if, in connection therewith, a request is lodged for 
invalidation or revocation of the earlier registration. 
 
(2) The proceedings in an invalidation request sh all be suspended, where a counter claim is 
lodged to revoke the earlier registration. 
 
(3) The proceedings under paragraphs (1) and (2) sh all be resumed on entry into effect of the 
decision on the respective request. 
 Extension of Periods  
Art. 47. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The periods 
referred to in Articles 36(3), 37(2) and 46(1) may be extended, at the request of the applicant  IP/N/1/BGR/G/1 
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  or the proprietor filed prior to the expiry thereo f, by three months, but no more than once. An 
extension request shall not be granted if not accompanied by a document certifying payment of the prescribed fee. 
 
Renewal of Periods 
 
Art. 48. The applicant or the proprietor may request  renewal of periods exceeded owing to 
exceptional, unforeseen circumstances. The requ est shall be filed within three months on 
elimination of the circumstances that caused th e period to be exceeded, but no later than one 
year following the expiry of the period exceeded. Decisions to renew periods shall be taken 
by the President of the Patent Office. 
 
Publication in the Official Bulletin of the Patent Office  
Art. 49. (suppl. – State Gazette No. 73/2006, in force since 06.10. 2006) The Patent Office 
shall effect publication in its Official Bulletin of all registrations of marks, well-known marks 
and marks enjoying a reputation, as well as all subsequent entries pertaining thereto within three months at the latest following their r ecording in the State Register of Marks. 
 
Review by Court 
 
Art. 50. (1) (amended – State Gazette No. 30/2006, in force since 01.03.2007 ) Decisions 
under Article 45(1) and Article 46 may be appeal ed against before the Sofia Administrative 
Court within three months following notification thereof. 
 
(2) (amended – State Gazette No. 30/ 2006, in force since 12.07.2006 ) Cases of refusal to 
effect entry in the State registers or renew re gistration may be appealed against as provided in 
the Law on Administrative Procedures. 
 
 SECTION VII – Well-Known Marks and Marks With a Reputation (new – State Gazette 
No. 73/2006, in force since 06.10.2006) Determining of a Mark as a Well-Known Mark or a 
Mark With a Reputation  
Art. 50a (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) The following 
shall be taken into account when determining whether the mark is a wellknown mark or a 
mark with a reputation: 
 
(i) the extent to which the mark is known or recognized among the part of the community which covers the real or would-be users of the goods or services or the persons engaged in the respective distribu tion network or the business circles dealing 
with the goods or services in question; 
(ii) duration, extent and geographical area of use of the mark; 
(iii) duration, extent and geographical area of public representation of the mark, 
including advertising, making public and disp laying at fairs and/or exhibitions of the 
goods and/or services in relation to which the mark is used; (iv) information about the successful enfo rcement of the rights in the mark, if 
registered; 
(v) value of the mark; (vi) other circumstances. 
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  (2) A mark shall be determined as a well-known mark or mark with a reputation by:  
 
(i) the Sofia City Court under the ordinary claim procedure; (ii) the Patent Office in accordance with Article 50b. 
 Procedure at the Patent Office of Determining a Mark as a Well-Known Mark or a Mark With 
a Reputation in the Territory of the Republic of Bulgaria   
Art. 50b (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) A mark shall be 
determined as a well-known mark or a mark with  a reputation at the request of the proprietor 
against payment of the prescribed fee and furnishing of written evidence. 
 
(2) The President of the Patent Office shall take a decision on the request based on the 
opinion of a committee appointed by him.  
(3) A mark, which is determined as a well-known mark or mark with a reputation according 
to paragraph (2), shall be published in the Offi cial Bulletin of the Patent Office and shall be 
recorded in the Register referred to in Article 5a. 
 
(4) A mark, which is determined as a well-known mark or mark with a reputation according 
to Article 50a(2)(i) shall not be published in th e Official Bulletin of the Patent Office and 
shall not be recorded in the Register referred to in Article 5a, and it may not be opposed to 
third parties. 
 
(5) Any third party may appeal against the d ecision on determining a mark as a wellknown 
mark or mark with a reputation before the So fia City Court in accordance with the Code of 
Administrative Procedure within one month following the publication. 
 
(6) The refusal to determine a mark as a well-know n mark or mark with a reputation may be 
appealed before the Sofia City Court in accordance with the Code of Administrative 
Procedure.  
(7) The procedure of determining at the Patent  Office of a mark as a well-known mark or 
mark with a reputation in the territory of the Republic of Bulgaria shall be specified in a 
regulation issued by the Council of Ministers. 
 
 
Chapter III - GEOGRAPHICAL INDICATIONS  SECTION I - REGISTRATION  Definition 
 
Art. 51. (1) Geographical indications mean appellations of origin or indications of source. 
 
(2) An appellation of origin is the name of a count ry, or of a region or locality in that country, 
that serves to designate goods originating th erein whose quality or characteristics are due 
essentially or exclusively to the geographical  environment, including natural and human 
factors. 
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  (3) An indication of source is the name of a country , or of a region or locality in that country, 
that serves to designate goods originating therein whose quality, reputation or other 
characteristics can be attributed to that geographical origin. 
 
(4) (new - State Gazette No. 43/2005, in force since 21.08.2005) Traditional names, which 
meet the requirements of paragraphs (2) a nd (3), shall be regarded as geographical 
indications. 
 
Grounds for Refusal of Registration 
 
Art. 52. A name shall not be registered as a geographical indication if:  
 
(i) it has become a generic name in the terr itory of the Republic of Bulgaria to denote 
goods of a certain kind without any association with the place of production thereof; 
(ii) it is identical with the name of a plant variety or animal breed registered earlier, 
where users are likely to be misled as to the true origin of the goods; (iii) it is identical with a geographical indication or mark registered earlier for identical goods; (iv) It is identical or similar to a geographi cal indication or mark registered earlier for 
identical or similar goods, where users are liable to be misled. 
 Legal Protection  
Art. 53. (1) Geographical indications shall be grante d legal protection through registration 
with the Patent Office.  
(2) The legal protection shall cons ist in the prohibition of:  
 
(i) any commercial use of the geographical indication for goods that are similar to 
those for which it is registered in so far as the renown of the registered geographical 
indication is exploited; 
(ii) improper use or counterfeiting of the geographical indication, even where the 
genuine origin of the goods is specified, use of a translation thereof or use in 
combination with terms such as "sort", "kind", "type", and the like; (iii) use of any other incorrect or deceptive indication of the source, origin, nature or essential properties of the goods designated on the packaging thereof in advertising 
material or papers concerning the goods, such  indication being likely to mislead as to 
the genuine origin of the goods; (iv) any other action that may mislead users as to the true origin of the goods. 
 
(3) Registered geographical indications may not become generic names as long as they enjoy 
protection under this Law. 
 Right to File an Application  
Art. 54. (1) The right to file an application sha ll belong to any person who carries on his 
production activity in the geographical locality i ndicated, provided that the goods he produces 
conform to the properties or peculiarities concerned. 
 
(2) The borders of the geographical locality and the properties or peculiarities of the goods, 
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IP/N/1/BGR/T/1 Page 24 
 
 
  environment or geographical origin, shall be de fined or established by the central authority 
concerned by order of the head thereof. 
 
Right of the User 
 
Art. 55. (1) A registered geographical indication may be used only by the person registered as 
the user thereof. 
 
(2) The registered user may use the geographical  indication only in respect of the goods for 
which it is registered. He may affix it to the goo ds or their packaging or use it in advertising 
material, business papers concerni ng the goods and other material. 
 
Termination of Legal Protection  
Art. 56. The legal protection of a registered geogra phical indication shall be terminated where 
the relationship between the properties or p eculiarities of the goods and the geographical 
environment no longer exists. 
 
Invalidation of Registration  
Art. 57. (1) (amended - State Gazette No. 43/2005, in fo rce since 21.08.2005) Any legally 
interested person may request invalidation of a registered geographical indication where: 
 
(i) it is established by an enforceable court or der, that the registration has been carried 
out in violation of Article 51(2) and (3) or Article 52(i). 
(ii) the registration has been carried out in  violation of Article 52(ii), (iii) and (iv). 
 
(2) The registration of a foreign geographical indi cation shall be declared invalid following 
invalidation thereof in the country of origin. 
 
Cancellation of User Entry 
 
Art. 58. The entry concerning a user may be cancelled at the request of any registered user 
where it is established in appeal procedures that  the user is using the geographical indication 
for other goods, or that the goods produced by him do no possess the properties or peculiarities concerned. 
 Legal Effects or Invalidation and Cancellation  
Art. 59. (1) The invalidation of a registration shall take effect on the filing date of the 
application. 
 
(2) The cancellation of a user entry shall take effect on the date of the cancellation request. 
 
(3) Invalidation and cancellation shall not affect en forceable court orders for infringement in 
so far as they are executed prior to  the invalidation or cancellation. 
 
  IP/N/1/BGR/G/1 
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  SECTION II - PROCEEDINGS BEFORE THE PATENT OFFICE 
 Filing of Applications  
Art. 60. (1) Applications for the registration of geogr aphical indications shall be filed with 
the Patent Office. 
 
(2) An application shall relate to one geographical indication only. 
 
(3) The application shall contain: 
 
(i) the registration request form; (ii) the name and address of the applicant; (iii) the appellation of origin or the indication of source; 
(iv) the designation of the goods; 
(v) the designation of the borders of the geographical locality; (vi) an account of the recognized properties or peculiarities of the goods and their relationship with the geographical e nvironment or geographical origin. 
 
(4) The application shall be accompanied by a copy  of the order provided for in Article 54(2) 
and a document issued by the municipality c oncerned certifying that the applicant carries on 
his production activity in the ge ographical locality concerned. 
 
(5) Where the applicant is a foreigner, the app lication shall be accompanied by a document 
certifying the registration of the geographical indication in the country of origin.  
(6) The application shall further meet any other requirements that may be laid down in an 
ordinance adopted by the Council of Ministers. 
 
(7) The application shall be accompanied by a document certifying payment of the prescribed 
fees. 
 Examination as to the Form  
Art. 61. (1) Every application shall be subjected to  examination for compliance with the 
provisions of Article 60. In case of deficiencies,  the applicant shall be allowed three months 
within which to remedy them. 
 
(2) If the applicant fails to remedy the defici encies within the period provided for in 
paragraph (1), the proceedings shall be discontinued. 
 
Examination as to Substance 
 
Art. 62. (1) An application meeting the requirements as to proper form shall be subjected to 
examination as to substance within 18 months. 
 
(2) Where there are grounds for refusing registration of a geographical indication, the 
applicant shall be notified accordingly; he shall be informed of the grounds for the refusal and 
allowed three months within which to respond. 
 
(3) Where, within the period provided for in pa ragraph (2), the applicant fails to present a 
reasoned objection, the decision shall be  taken to refuse the registration. IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 26 
 
 
   
(4) Where the geographical indication is found to co mply with the provisions of the Law, the 
decision shall be taken to register it. The regist ration shall be entered in the State Register of 
Geographical Indications. The applicant shall be r ecorded as a user and, within one month, he 
shall be issued a certificate for the use of the geographical indication. 
 
Entry of a User of a Geographical Indication  
Art. 63. (1) Any person entitled to file applications may file an application for entry as a user 
of a registered geographical indication. 
 
(2) The application shall contain:  
 
(i) the request for entry; 
(ii) the name and address of the applicant; 
(iii) the geographical indication and the registration number thereof. 
 
(3) The application shall be accompanied by a document issued by the municipality 
concerned certifying that the applicant carries on his production activity in the geographical locality concerned, and also by a document issued by the central authority concerned 
certifying that the goods produced by th e applicant possess the necessary properties and 
peculiarities characteristic of the geographical indication. 
 
(4) The application shall be accompanied by a document certifying payment of the prescribed 
fees.  
(5) Each application shall be examined for complia nce with the provisions of paragraphs (1), 
(2), (3) and (4). In the case of deficiencies, th e applicant shall be allowed three months within 
which to remedy them. 
 
(6) If the applicant fails to remedy the defici encies within the period provided for in 
paragraph (5), the proceedings shall be discontinued. 
 
(7) Where the application for user entry meets the re quirements of paragraphs (1), (2), (3) and 
(4), the applicant shall be entered as a user in  the State Register of Geographical Indications, 
and shall be issued a certificate for the use of the geographical indication. 
 Proceedings Before the Disputes Department  
Art. 64. (1) The Disputes Department shall consider:  
 
(i) appeals against decisions to refuse registration under Article 62(3); 
(ii) appeals against decisions to terminate the proceedings under Article 61(1) and 
Article 63(6). (iii) (new - State Gazette No. 43/2005, in force since 21.08.2005) requests for 
invalidation under Article 52(ii), (iii) and (iv). 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Appeals shall be filed 
and considered as provided in Articles 42, 43, 44 and 44a. 
 
(3) (new - State Gazette No. 43/2005, in force since 21.08.2005) Requests shall be filed and 
considered as provided in Articles 42, 43, 44 44a and 46.  IP/N/1/BGR/G/1 
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Ruling on Appeals and Requests (amended title - State Gazette No. 43/2005, in force since 
21.08.2005 ) 
 
Art. 65. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Where an 
appeal is found to be groundless, the President of the Patent Office shall take a decision to 
confirm the decision for refusal of registration. 
 
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Where an appeal is 
well-founded, the President of the Patent Offi ce shall cancel the decision and shall take a 
decision to refer the application back for rec onsideration or to register the geographical 
indication. 
 
(3) Where a decision to refuse registration is cancelled, a substantive decision on 
reconsideration shall be taken by th e President of the Patent Office. 
 
(4) (new - State Gazette No. 43/2005, in force since 21.08.2005) Where a request is 
groundless, the President of the Patent Offi ce shall take the decision to repulse it. 
 
(5) (new - State Gazette No. 43/ 2005, in force since 21.08.2005) Where a request is well-
founded, the President of the Patent Office shall take the decision to invalidate the 
registration. 
 
Extension and Renewal of Periods  
Art. 66. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The periods 
referred to in Articles 61(2), 62(2) and 63(5) ma y be extended by three months at the request 
of the applicant filed prior to the expiry thereo f, but no more than once. An extension request 
shall not be granted if not accompanied by a document certifying payment of the prescribed fee. 
 
(2) The applicant or the user may request renewa l of periods exceeded owing to exceptional, 
unforeseen circumstances. The request shall be filed within three months on elimination of the circumstances that caused the period to be ex ceeded, but no later than one year following 
the expiry of the period exceeded. Decisions to renew periods shall be taken by the President 
of the Patent Office. 
 Publication in the Official Bulletin  
Art. 67. The Patent Office shall effect publication in  its Official Bulletin of all geographical 
indication registrations and subsequent changes thereto. 
 
Review by Court 
 
Art. 68. (supplemented - State Gazette No. 43/2005, in force since 21.08.2005; amended – 
State Gazette No. 30/2006, in force since 01.03.2007) Decision referred to in Article 65(1), 
(4) and (5) may be appealed before the Sofi a Administrative Court within three months 
following notification thereof. 
 
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  Chapter IV - INTERNATIONAL REGISTRATION 
 International Registration of Marks  
Art. 69. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) International 
registration of marks is a registration carried out by the International Bureau of the World 
Intellectual Property Organization, hereinafter refe rred to as "the International Bureau", under 
the provisions of the Madrid Agreement and the Protocol. 
 
(2) The international registration of a mark desi gnating the Republic of Bulgaria shall have 
the same effect as if directly applied for and re gistered in the Republic of Bulgaria. It shall 
take effect on the date of the international registration or on the date of the request for 
territorial extension of the registration. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) An international 
registration may be refused protection in the Republ ic of Bulgaria within the periods specified 
in the Madrid Agreement and the Protocol. 
 
(4) The holder of an international registration having  effect in the territory of the Republic of 
Bulgaria who has an earlier, national registration of the same mark may file a request with the 
Patent Office, that request being accompanied by proof of payment of the prescribed fee, for 
the international registration to be considered  substituted for the national registration, all 
rights acquired thereunder being preserved. 
 
International Registration of National Marks 
 
Art. 70. (1) (amended - State Gazette No. 43/2005, in force since 21.08.2005) Any 
Bulgarian natural person or legal entity with a permanent address or actual commercial 
activity in the Republic of Bulgaria, who is th e proprietor of a mark registered under this 
Law, may apply for the international registration of that mark. 
 
(2) The application shall be filed with the Inte rnational Bureau through the Patent Office. 
 
(3) International registration fees shall be paid by  the applicant to the International Bureau. 
 
International Registration of Appellations of Origin 
 
Art. 71. (1) International registration of appellations of  origin is a registration carried out by 
the International Bureau under the Lisbon Agreement. 
 
(2) The international registration of an appella tion of origin designating the Republic of 
Bulgaria shall have the same effect as if dir ectly applied for and granted in the Republic of 
Bulgaria. Such an appellation of origin sha ll not become a generic name as long as it is 
protected in the country of origin. 
 
(3) An international appellation of origin may be refused protection in the Republic of 
Bulgaria within the period specified in the Lisbon Agreement. 
 International Registration of Bulgarian Appellations of Origin  
Art. 72. (1) The recorded user of a registered appella tion of origin may file an application for 
international registration.  IP/N/1/BGR/G/1 
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(2) The application shall be filed with the Inte rnational Bureau through the Patent Office. 
 
(3) International registration fees shall be paid by  the applicant to the International Bureau. 
  CHAPTER IVa – COMMUNITY MARK (new, State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union)   
Registration and Effects of Community Marks 
 
Art. 72a (new, State Gazette No. 73/2006, in force as of the date of accession of the 
Republic of Bulgaria to the European Union) (1) Community marks are marks registered 
with the Office for Harmonization in the Inte rnal Market (Trade Marks and Designs) in 
accordance with the procedure and conditions  laid down in Council Regulation 40/94/EC on 
the Community trade mark, hereinafte r referred to as "the Regulation". 
 
(2) Community marks shall have effect in the terr itory of the Republic of Bulgaria and their 
proprietors shall enjoy th e rights under this Law. 
 
(3) For the purposes of Article 12(2), a Community mark shall be regarded as an earlier mark. 
 
(4) The Patent Office of the Republic of Bulgaria is a central industrial property office within 
the meaning of the Regulation. 
 
(5) The President of the Patent Office shall issue certificates for the entry of industrial 
property representatives before the Office for Ha rmonization in the Internal Market (Trade 
Marks and Designs), and shall also take the neces sary steps to that end in compliance with the 
provisions of the Regulation. 
 
Community Mark Application 
 
Art. 72b (new, State Gazette No. 73/2006, in force as of the date of accession of the 
Republic of Bulgaria to the European Union) (1) A Community mark application shall 
satisfy the requirements of Article 26 of the Regulation. 
 
(2) Community mark applications shall be filed directly with the Office for Harmonization in 
the Internal Market (Trade Marks and Designs) or through the Patent Office. 
 
(3) An application filed through the Patent Office shall be accompanied by a document 
certifying payment of the forwarding fee. 
 
(4) The Patent Office shall put a date of receipt  and, within two weeks following receipt of 
the application, shall forward it to the Office fo r Harmonization in the Internal Market (Trade 
Marks and Designs). 
 
Conversion of a Community Mark Into a National Application 
 
Art. 72c (new, State Gazette No. 73/2006, in force as of the date of accession of the 
Republic of Bulgaria to the European Union) (1) The applicant for or proprietor of a 
Community mark may request the conversion of his Community mark application or IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 30 
 
 
  Community mark into a national mark applicati on for registration in the Republic of Bulgaria, 
subject to the provisions of Articles 108 to 110 of the Regulation. 
 
(2) Where the Office for Harmonization in the Internal Market (Trade Marks and Designs) 
allows the request referred to in  paragraph (1) and forwards it to the Patent Office, the latter 
shall consider the request in accordance with this Law, provided that, within two months 
following the date of receipt of the conver sion notification, the applicant furnishes: 
 
(i) a Bulgarian translation of the documents; 
(ii) a representation of the mark; 
(iii) a document certifying payment of the filing and examination fees. 
 
(3) The filing date of the application referred to in paragraph (1) shall be the filing date or 
priority date, as appropriate, of the Community mark application. 
 Protection of Community Marks  
Art. 72d (new - State Gazette No. 73/2006, in force as of the date of accession of the 
Republic of Bulgaria to the European Union) (1) Civil law protection in cases of 
infringement of rights in Community marks shall be effected in accordance with the 
procedure laid down in the Regulation. 
 
(2) Where, according to the Regulation, claims are lodged and measures are requested in the 
Republic of Bulgaria in connection with the protection of a Community mark, the Bulgarian 
legislation shall apply, unless otherw ise provided for in the Regulation. 
 
(3) Claims referred to in paragraph (2) shall be cognizable by the Sofia City Court as a court 
of first instance and the Sofia Court of Appeals as a court of second instance, both courts being Community mark courts within the meaning of the Regulation. 
 
Subsidiary Implementation of Decisions 
 
Art. 72e (new – State Gazette No. 73/2006, in force as of the date of accession of the 
Republic of Bulgaria to the European Union) The provisions of the Regulation shall apply 
to issues that are not governed by this Chapter. 
 
 
CHAPTER V - PROTECTION OF RIGHTS IN MARKS AND GEOGRAPHICAL INDICATIONS  Section I - Infringements  
Infringement of Registered Marks 
 
Art. 73. (1) Any person who, in his business activity, uses a sign as provided in Article 13 
without the consent of the proprietor thereof shall be regarded as an infringer. 
 
(2) The following shall likewise constitute an infringement:  
 
(i) the affixing of the mark to a material to be used for labeling or packaging, for business papers or for the advertising of goods or services if the person who performs  IP/N/1/BGR/G/1 
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 Page 31 
 
 
  those activities knows or has good reason to know that the mark has been affixed 
without the consent of its proprietor. (ii) the manufacture of means specially intended or adapted for reproduction of the mark, or the possession or stocking of such means, if the person who carries on those 
activities knows or has good reason to know that the means serve or will serve for the 
manufacture of goods or of a material provided for in item (i) without the consent of the proprietor of the mark. 
 
Infringement of Registered Geographical Indications 
 
Art. 74. (1) Any use of a registered geographical indi cation provided for in Article 53(2) shall 
constitute an infringement. 
 
(2) Any use of a registered geographical indicati on by a person who is not recorded as a user 
thereof shall likewise constitute an infringement. 
 
 Section II - Protection Under Civil Law  Right to Bring Action 
 
Art. 75. (1) (amended – State Gazette No. 73/2006, in force since 06.10.2006) The 
proprietor of a mark and the licensee of an ex clusive license shall have the autonomous right 
to bring an infringement action. 
 
(2) (deleted – State Gazette No. 73/2006, in force since 06.10.2006) 
 
(3) A non-exclusive licensee may bring an action with the consent of the proprietor only, 
unless otherwise agreed in the contract. 
 
(4) Any recorded user of a registered geogra phical indication shall likewise be entitled to 
bring actions. 
 
Infringement Actions  
Art. 76. (1) Infringement actions under this Law may relate to: 
 
(i) establishment of the fact of infringement; (ii) suspension of the act of infringement; (iii) compensation for damages suffered; (iv) (new – State Gazette No. 73/2006, in force since 06.10.2006) seizure and 
destruction of the infringing products, as well as of the means with which the 
infringement was carried out. 
 
(2) (amended – State Gazette No. 73/2006, in force since 06.10.2006) Along with the action 
under paragraph (1), the claimant may lik ewise request through the court that: 
 
(i) (amended – State Gazette No. 73/2006, in force since 06.10.2006) the infringing 
articles be given to him; (ii) (new – State Gazette No. 73/2006, in force since 06.10.2006) the expenses be 
refunded to him for keeping and destroying the infringing articles; IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 32 
 
 
  (iii) (former item (ii), amended – State Gazette No. 73/2006, in force since 
06.10.2006) the operative part of the court decision be announced, at the expense of 
the infringer, in two daily publications a nd during emission time of a national range 
TV organization as determined by the court. 
 Determination of Compensation (title amende d – State Gazette No. 73/2006, in force since 
06.10.2006)  
Art. 76a (new-State Gazette No. 43/2005, in  force since 21.08.2005; amended – State 
Gazette No. 73/2006, in force since 06.10.2006) (1) Compensation is due for all material and 
non-material damages suffered and profits lost, which are a direct and proximate consequence 
of the infringement. 
 
(2) When determining the compensation amount, the court shall take into account also all 
circumstances of the infringement, as well as all profits the infringement has brought to the 
infringer. 
 
(3) The court shall rule a just compensation that is  to have a deterrent and warning effect on 
the infringer and the rest of the community. 
 
Special Cases of Compensation 
 
Art. 76b (new– State Gazette No. 73/2006, in force since 06.10.2006) (1) Where an action 
is well founded, but there is no sufficient in formation as to its amount, the claimant may 
request the following compensation: 
 
(i) 500 to 100 000 levs, the concrete amount be ing fixed at the discretion of the court, 
subject to the provisions of Article 76a(2) and (3), or (ii) the equivalence in money of the infri nging products at retail prices of legally 
produced articles which are identical with or similar to the infringing goods. 
 
(2) When determining the compensation referred to in  paragraph (1), the profits shall also be 
taken into account that the infringement has brought. 
 
Seizure of Infringing Products  
Art. 76c (new – State Gazette No . 73/2006, in force since 06.10.2006) Seizure of infringing 
products under Article 76(1)(iv) may be requested  both with regard to articles at concrete 
premises or articles in the commercial network. 
 
Responsibility  
Art. 76d (new – State Gazette No. 73/2006, in force since 06.10.2006) Legal persons and 
one-man businesses shall bear civil responsibilit y for any infringement of rights under this 
Law culpably committed by persons representing th em or their employees or persons hired by 
them. In such case, guilt shall be assu med until the contrary is proved. 
 
Procurement of Evidence in Claim and Security Proceedings 
 
Art. 76e (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) Where the 
claimant has furnished evidence to sustain his claims, and has indicated still other evidence,  IP/N/1/BGR/G/1 
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  which is of importance for solving the case but is under the defendant’s control, the claimant 
may request from the court to oblige th e defendant to present such evidence. 
 
(2) The court may oblige the defendant, at the re quest of the claimant and subject to the 
provisions of paragraph (1), to provide access to any bank, financial and commercial 
documents that are under his control. 
 
(3) The claimant may not disclose the information contained in the documents referred to in 
paragraph (2).  
(4) The representation of evidence of an individu al or single use of a mark or geographical 
indication enjoying protection under this Law shal l be regarded as sufficient ground to apply 
the provisions of paragraphs (1) and (2). 
 
(5) The availability of the circumstances rela ted to the alleged infringement may be 
established also by producing evidence of an in dividual or single illegal use of a mark or 
geographical indication enjoying protection under this Law. 
 
Request of Information as to the Origin and Di stribution Networks in Cases of Infringement 
 
Art. 76f (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) The claimant may 
request that the court obliges the defendant or a third party to furnish information on 
circumstances that are of importance for solving the case. 
 
(2) A "third party" within the meaning of  paragraph (1) is any person, who:  
 
(i) keeps infringing products, or (ii) offers services that lead to infringement; or (iii) uses infringing services; or (iv) is mentioned by the person referred to in  items (i) to (iii) as a participant in the 
making, production or distribution of such products or services. 
 
(3) The information referred to in paragraph (1) may comprise:  
 
(i) the names and addresses of the producers, distributors, suppliers and any other persons who have previously been in possessi on of the products or services, as well 
as the supposed wholesale or retail distributors; 
(ii) information about the quantities that have been produced, delivered, received or ordered, as well as the proceeds from such products or services. 
 
(4) The provision under paragraph (1) shall not apply to cases where it may lead to breaking a 
provision under another law.  
(5) The provisions under paragraphs (1) and (3) sh all apply only to acts performed with the 
purpose of gaining direct or indirect economic or commercial advantage. 
 
Provisional Remedies (title amended - State Gazette No . 59/2007, in force since 01.03.2008) 
 
Art. 76g (new - State Gazette No. 73/2006, in force since 06.10.2006) (1) (amended - State 
Gazette No. 59/2007, in force since 01.03.2008 ) Where the right in a mark or registered 
geographical indication is infringed or there is good reason to believe that such an 
infringement will be made or some evidence w ill be lost, destroyed or suppressed, the holder IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 34 
 
 
  of the right or the licensee of an exclusive li cense may request that the court allows some of 
the following provisional remedies as well, without notifying the other party thereof:   
(i) prohibition of the performance of activ ities that constitute or will constitute, as 
contended, illegal use of a mark or geographical indication; 
(ii) seizure of the goods that are contende d to illegally bear a registered mark or 
geographical indication, as well as of any other evidence of importance for proving the infringement; (iii) seizure of the material or means referred to in Article 73(2); 
(iv) sealing of the premises where the infri ngement is or will be made, as contended. 
 
(2) (amended - State Gazette No. 59/ 2007, in force since 01.03.2008 ) Provisional remedies 
shall be allowed, imposed or reversed in accord ance with Articles 389 to 403 of the Code of 
Civil Procedure, except for the first sentence of Article 398, unless otherwise provided for in 
this Law. 
 
(3) (amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The provisional remedy 
"prohibition to perform actions" shall be imposed by a court notice thereof. 
 
(4) (amended - State Gazette No. 59/ 2007, in force since 01.03.2008 ) The provisional 
remedies referred to in paragra ph 1(ii), (iii) and (iv) shall be imposed by a public or private 
bailiff, who shall perform the action along with the delivery of the security allowance notice 
within three days following the date of receipt  by the bailiff of the plaintiff’s request. A 
provisional remedy intended to prevent a future  infringement shall be imposed within a term 
complied with the purpose thereof. The confi scated property shall be  docketed and deposited 
for safe-keeping by the plaintiff, who may use it as an instrument of evidence only. 
 
(5) (amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The plaintiff or his 
representative shall be entitled to witness or render assistance in the process of imposing of 
the provisional remedies. 
 
(6) (amended - State Gazette No. 59/2007, in force since 01.03.2008 ) The provisional remedy 
referred to in paragraph (1)(i) may be imposed also with respect to third parties for whom 
there is good reason to believe that they assi st the performance of the activity, which 
constitutes or will constitute, as contended, illegal use. 
 
(7) The holder of the respective right or the licen see of an exclusive license may not disclose 
the information that has become known to hi m in the process of imposing the remedies 
referred to in paragraph (1) or in connection therewith. 
 
Jurisdiction  
Art. 77. (Amended – State Gazette No. 30/ 2006, in force since 01.03.2007; amended – 
State Gazette No. 73/2006, in force since 13.07.2006) All actions under this Law shall fall 
within the jurisdiction of the Sofia City Court. 
 
  IP/N/1/BGR/G/1 
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  Section III - Border Controls 
 Grounds and Field of Application  
Art. 78. (1) (amended - State Gazette No. 43/ 2005, in force since 21. 08.2005; amended – 
State Gazette No. 73/2006, in force since 06.10.2006) The holder of the right in a mark or 
the licensee of an exclusive license may request that the customs officials detain goods 
carried through the border of the Republic of Bulgaria, for which there is good reason to 
believe that they are infringing a right protected under this Law.  
(2) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The measures 
referred to in paragraph (1) shall not apply to:  
(i) (deleted, State Gazette No. 73/2006, in force since 06.10.2006); 
(ii) (deleted, State Gazette No. 73/2006, in force since 06.10.2006); 
(iii) (amended, State Gazette No. 73/2006, in force since 06.10.2006) goods not 
intended for commercial purposes, which are carried as a part of the passenger’s luggage, provided that they are in a quan tity allowed for duty-free import or export;  
(iv) perishable goods. 
 
(3) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The customs officials 
shall not detain goods, which do not bear a trade mark  that is identical or similar to that of the 
petitioner. 
 
(4) (deleted - State Gazette No. 43/2005, in force since 21.08.2005) 
 (5) (amended - State Gazette No. 43/2005, in force since 21.08.2005) The provisions of 
paragraphs (1) and (2) shall apply also to th e detention of goods that unlawfully bear a 
registered geographical indication or an imitati on thereof. Any registered user may file a 
detention request. 
 
(6) (new - State Gazette No. 73/2006, in force since 06.10.2006) The provisions of this 
Section shall apply also to any products declared  before the customs authorities, regardless of 
whether a customs regime has been operated with respect to them. 
 
Border Control Application Term s (title amended - State Gazette No. 43/2005, in force since 
21.08.2005) 
 
Art. 79. (amended - State Gazette No. 43/2005 in force since 21.08.2005) (1) Border 
controls shall be applied on the basis of a wr itten request from the proprietor of the trade mark 
or the registered user of the geographical indi cation, as well as on the initiative of the customs 
officials. Where the residence or headquarters of the proprietor of the mark or the 
geographical indication user is abroad, he sha ll give an address for service on the territory of 
the Republic of Bulgaria. 
 
(2) The detention request referred to in paragra ph (1) shall contain a detailed description of 
the articles. It shall be accompanied by a copy of  the certificate of registration of the mark or 
geographical indication, as well as a document certifying that the registration is valid, both 
documents having been issued by the Patent Office. 
 
(3) The customs officials shall coll ect fees as determined by the Council of Ministers for the 
consideration of requests and border controls application. IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 36 
 
 
   
(4) (amended - State Gazette No. 73/2006, in force since 06.10.2006) Where the 
circumstances under Article 78(1) are ascertained , the customs officials shall detain the 
goods. Detention shall be carried out by a customs document issued by the competent 
customs authorities. The latter shall promptly  notify the petitioner, the consignee and the 
consignor about the detention. Those persons shall be entitled to  inspect the detained articles 
and get information about them. 
 
(5) (amended - State Gazette No. 73/2006, in force since 06.10.2006) If, within 10 working 
days following the date on which the petitioner was notified of the detention referred to in 
paragraph (4), he fails to furnish evidence th at proceeding has been instituted before the 
respective court for adjudication of the dispute on its merits, or that security has been allowed, 
the customs officials shall release the detain ed goods, provided that all clearance requirements 
are satisfied. The petitioner may file a reasoned requ est for the term to be extended by further 
10 working days. 
 
(6) (new – State Gazette No. 73/2006, in force since 06.10.2006) The competent authorities 
before which the proceeding has been instituted under paragraph (5) shall pass a judgment, in 
response to an appeal from the interested party,  as to whether the detention measures are to be 
affirmed, modified or reversed.  
(7) (new – State Gazette No. 73/2006, in force since 06.10.2006) A refusal on the part of the 
customs officials to grant a detention request sh all be appealable before the Sofia City Court 
in accordance with the provisions of th e Code of Administrative Procedure. 
 
(8) (new – State Gazette No. 73/ 2006, in force since 06.10.2006) The customs officials shall 
bear no responsibility for being unable to identif y, when exercising control, the articles for 
which detention is requested, as well as for th eir detention acts performed in good faith. 
 
Actions on the Initiative of the Customs Authorities  
Art. 79a (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) The customs 
officials may, on their own initiative or at the request of another state agency, detain goods for which there is good reason to believe that they are infringing a right protected under this Law. 
 
(2) In the cases under paragraph (1), the customs officials shall promptly notify the persons 
referred to in Article 79(1), as well as the consi gnee and the consignor of the products, giving 
them the possibility to inspect the detained ar ticles. The customs officials may require from 
the holders of the rights any information for the performance of examination. 
 
(3) The decision referred to in paragraph (1) may be  appealed before the Sofia City Court in 
accordance with the provisions of the Code of Administrative Procedure.  
 
(4) If, within 10 working days following the deten tion date, no proceeding is instituted before 
the court for adjudication of the dispute on its me rits or no security is allowed by the court, 
the customs officials shall release the detain ed goods, provided that all clearance requirements 
are satisfied. 
 
(5) The customs officials shall bear no respons ibility for their detention acts performed in 
good faith. 
  IP/N/1/BGR/G/1 
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  Additional Regulation 
 
Art. 80. The procedures and manner of application of this Section shall be specified in an 
ordinance of the Council of Ministers. 
 Application of Council Regulation 1383/2003/EC  
Art. 80a (new – State Gazette No. 73/2006, in force since the date of accession of the 
Republic of Bulgaria to the European Union) The provisions of this Section shall apply 
only to the extent that they do not cont radict the provisions of Council Regulation 
1383/2003/EC concerning the actions of the customs officials against goods that are found to infringe rights protected under this Law. 
 
 
Section IV 
 Administrative Violations and Penalties (title amended - State Gazette No. 43/2005, in force 
since 21.08.2005)  
Art. 81. (amended - State Gazette No. 43/200 5 in force since 21.08.2005) (1) (amended – 
State Gazette No. 73/2006, in force since 06.10.2006) A fine of 500 to 1,500 leva shall be 
imposed on any person who uses in the course of trade, within the meaning of Article 13, 
goods or services bearing a sign that is identical with or similar to a registered mark without the consent of the proprietor thereof, and a pr operty sanction of 1,000 to 3,000 leva shall be 
imposed on one-man businesses or legal entities.  
(2) Where the infringement referred to in paragraph (1) is repeated, the fine imposed shall be 
1,500 to 3,000 leva, and the property sanc tion imposed on one-man businesses or legal 
entities shall be from 3,000 to 5,000 leva. 
 
(3) An infringement is repeated if performed within  one year following the entry into effect of 
a penal provision against the infringer for the same kind of infringement. 
 
(4) (deleted – State Gazette No. 73/2006, in force since 06.10.2006)  
(5) The goods referred to in paragraph (1) shall be  seized, regardless of the ownership thereof, 
and they shall then be destroyed, the proprieto r of the mark or an authorized person being 
allowed to witness the process of destruction. 
 
(6) (deleted – State Gazette No. 73/2006, in force since 06.10.2006) 
 Establishment of Infringements 
 
Art. 82. (new - State Gazette No. 43/2005, in force since 21.08.2005) (1) Infringements 
shall be established by a statement of infringeme nt drawn up by an official as appointed by 
the President of the Patent Office, following an inspection conducted together with the Ministry of the Interior.  
(2) No inspection shall be conducted and no ad ministrative penal proceedings shall be 
instituted in the case of proceedings under Articles 25 or 26 that have already started. 
 IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 38 
 
 
  Powers of the Official 
 
Art. 83. (new - State Gazette No. 43/2005, in force since 21.08.2005) (1) The official 
referred to in Article 82(1) shall be entitled to:  
 
(i) demand access to the sites subject to inspection; (ii) demand all necessary documents relate d to the inspection and take samples for 
expert opinion. 
 
(2) The official shall be obliged to: 
 
(i) give in the statement of infringement a precise and comprehensive report of the 
inspection results; (ii) keep the official, production and trade secrets he learns of in connection with the 
inspection; 
(iii) keep all inspection information in secret; (iv) use the inspection information for th e purposes of the infringement proceedings 
only. 
 
Obligation to Assist 
 
Art. 84. (new - State Gazette No. 43/2005, in force since 21.08.2005) The persons where 
the inspection under Article 82 is conducted shall be obliged to:  
(i) provide unimpeded access to the trad e facilities, warehouses, production bases and 
premises being inspected; 
(ii) furnish the documents and evidence demanded by the official; (iii) keep the articles deposited for safe keeping; (iv) provide assistance to the official s in connection with the inspection. 
 
Infliction of Administrative Sanctions 
 
Art. 85. (new - State Gazette No. 43/2005, in force since 21.08.2005) Penal injunctions 
shall be issued by the President of the Patent Office or by an official authorized by him. 
 
Execution of Administrative Sanctions 
 
Art. 86. (new - State Gazette No. 43/2005, in force since 21.08.2005) (1) The voluntary 
execution of fines or property sanctions shall be carried out within seven days following entry 
into effect of the penal injunction they were imposed by, and the respective amount of money shall be paid in the pay room of the Pate nt Office or shall be remitted to its account. 
 
(2) (amended – State Gazette No. 105/2005, in force since 01.01.2006) On expiry of the 
term referred to in paragraph (1), a copy of the penal injunction shall be sent to the 
Government Collections Agency for forced execution of the fi ne or property sanction in 
accordance with the Tax Procedure Code. 
 
(3) On entry into effect of the penal injuncti on or court decision, the goods seized shall be 
passed over to the Ministry of the Interior for destruction. 
  IP/N/1/BGR/G/1 
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  Administrative Penal Liability for Ge ographical Indication Infringements 
 
Art. 87. (new - State Gazette No. 43/2005, in force since 21.08.2005) The provisions of this 
Section shall apply also to cases of unlawful use of a registered geographical indication or an 
imitation thereof. 
 
Application of the Law on Administrative Violations and Penalties  
 
Art. 88. (new - State Gazette No. 43/2005, in force since 21.08.2005) Infringements shall be 
established and penal injunctions shall be issu ed, appealed and executed in accordance with 
the provisions of the Law on Administrative Violations and Penalties, unless otherwise 
provided for in this Section. 
 
 
ADDITIONAL PROVISIONS 
 
§ 1. For the purposes of this Law: 
 (1) "Person" means a natural or legal person;  
(2) "Local industrial property representative" me ans any person who is a representative within 
the meaning of Article 3 of the Patent Law;  (3) (amended - State Gazette No. 43/2005, in force since 21.08.2005; amended – State 
Gazette No. 73/2006, in force since 06.10.2006) "Well-known mark" means a mark within 
the meaning of Article 6 bis of the Paris Convention;  
 (4) "Paris Convention" means the Paris Convention for the Protection of Industrial Property, concluded on March 20, 1883,  as revised and amended; 
 (5) "Official or officially recognized exhibition"  means an official or officially recognized 
exhibition within the meaning of the Conve ntion of November 22, 1928, relating to 
international exhibitions organized in States party to the Paris Convention; 
 (6) "International Classification" means the Inte rnational Classification of Goods and Services 
for the Purposes of the Registration of Ma rks, established by the Nice Agreement of 
June 15, 1957, as revised and amended; 
 (7) (amended - State Gazette No. 43/2005, in force since 21.08.2005) "Madrid Agreement" 
means the Madrid Agreement Concerning the Inte rnational Registration of Marks, concluded 
on April 14, 1891, as revised and amended, ratified by Decree No. 4312 on December 3, 1984; 
 
(7a) (new - State Gazette No. 43/2005, in force since 21.08.2005) "Protocol" means the 
Protocol Relating to the Madrid Agreement Concerning the International Registration of 
Marks, concluded on June 27,1989 in Madrid, ra tified by a law of the Thirty Eight National 
Assembly on 28 March 2001. 
 
(8) "Lisbon Agreement" means the Lisbon Agreem ent for the Protection of Appellations of 
Origin and their International Registration of  October 31, 1958, as revised and amended, 
ratified by Decree No. 523 on March 11, 1975;  IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 40 
 
 
  (9) "Imitation of a mark" means a sign that does not differ substantially from a registered 
mark;  (10) "Imitation of a geographical indication" means an indication that does not differ 
substantially from a registered indication; 
 (11) "Incorrect use of a geographical indication" means unlawful use thereof.  (12) (new - State Gazette No. 73/2006, in force since 06.10.2006) "Import or export of 
goods" means the actual carrying across the border of the Republic of Bulgaria of goods 
bearing a sign which is identical with or similar to a registered mark or a registered geographical indication, or an imitation thereof,  regardless of whether the customs regime has 
been operated with respect to such goods. 
 
§ 1a. (new - State Gazette No. 73/2006, in force since 06.10.2006) The provisions of this 
Law that apply to the European Union member States shall apply also to the other States in 
the European Economic Area. 
 
 TRANSITIONAL AND FINAL PROVISIONS 
 
§ 2. (1) This Law shall apply also to applications for the registration of marks and 
appellations of origin that are still awaiting decisions on the registration, rejection or 
invalidation thereof on the entry into force of this Law.  
(2) Applications under Article 17 of the Law on Trademarks and Industria l Designs filed prior 
to the date of entry into force of this Law sha ll be dealt with in accordance with the provisions 
prevailing hitherto.  (3) Rights under Article 9 of the Law on Trad emarks and Industrial Designs may be invoked 
within one year of the enforcement of the presen t Law at the request of any person concerned. 
 
§ 3. Appellations of origin registered under th e Law on Trademarks and Industrial Designs 
shall be re-registered under this Law with in two years of its entry into force. 
 
§ 4. This Law shall prevail over Sections I, III,  IV and V of the Law on Trademarks and 
Industrial Designs (publ. in State Gazette No. 95/1967; amendments in Nos. 55/1975, 
56/1986 and 27/1993). 
 
§ 5. The following changes are made in the Co mmercial Law (publ. in State Gazette No. 
48/1991; amend. in No. 25/1992, Nos. 61,103/1993, No. 63/1994, No. 63/1995, Nos. 42, 59, 83, 86, 104/1996, Nos. 58, 100, 124/1997, Nos. 52, 70/1998, Nos. 33, 42, 64/1999): 
 
(1) In Article 587(1), the word "trade" is de leted, and "layout designs of integrated 
circuits" is added after "mark"; (2) Article 588 is repealed; (3) In the title and in Article 594(1) and (2), the term "trademark" is replaced by 
"mark". 
 
§ 6. In the Criminal Code (publ. in State Gazette No. 26/1968, rev. in No. 29/1968; amend. in 
No. 92/1969, Nos. 26, 27/1973, No. 89/1974, No. 95/1975, No. 3/1977, No. 54/1978, No. 89/1979, No. 28/1982; rev. in No. 31/1982; amend. in No. 44/1984, Nos. 41, 79/1985; rev. in  IP/N/1/BGR/G/1 
 IP/N/1/BGR/T/1 
 Page 41 
 
 
  No. 80/1985; amend. in No. 89/1986; rev. in No. 90/1986; amend. in Nos. 37, 91, 99/1989, 
Nos. 10, 31, 81/1990, Nos. 1, 86/1991; rev. in No. 90/1991; amend. in No. 105/1991, No. 54/1992, No. 10/1993, No. 50/1995, No. 97/1995 - Decision No. 19/1995 of the Constitutional Court; amend. in No. 102/199 5, No. 107/1996, Nos. 62, 85/1997; No. 
120/1997 - Decision No. 19/1997 of the Constitu tional court; amend. in Nos. 83, 85, 132, 
133, 153/1998, Nos. 7, 51/1999), Art. 227 shall read as follows:  
"Art. 227. Any person using in trade a ma rk, industrial design or layout design of 
integrated circuits without the consent of th e proprietor thereof shall be sentenced to 
three years of imprisonment, or a fine of up to five thousand leva shall be imposed on 
him." 
 
§ 7. In Article 12(3) of the Law on the Protection of New Plant Varieties and Animal Breeds 
(publ. in State Gazette No. 84/1996; rev. in No. 27/1998), the terms "trademark, appellation 
of origin" are replaced by "mark, geographical indication." 
 
§ 8. In Article 33(2) of the Law on the Protecti on of Competition (publ. in State Gazette No. 
52/1998; No. 112/1998 - Decision No. 22/1998 of the Constitutiona l Court), "trademark" is 
replaced by "marks." 
 
§ 9. In § 1, item 12(1) of the Radio and Television Law (publ. in State Gazette No. 138/1998; 
No. 60/1999 - Decision No. 10/1999 of the Constituti onal Court), "the trademark" is replaced 
by "marks." 
 
§ 10. In Article 19(2)(ii) of the Accountancy La w (publ. in State gazette No. 4/1991; amend. 
in No. 26/1992, No. 55/1993, Nos. 21, 33, 59/1996, No. 52/1997, No. 21/1998, No. 57/1999), 
"company and trade marks" is replaced by "marks." 
 
§ 11. In § 1, item 18 of the Law on Physical Edu cation and Sports (publ. in State Gazette No. 
58/1996; No. 53/1997 - Decision No. 8/1997 of  the Constitutional Court; rev. in No. 
124/1998, No. 51/1999), "tradema rk" is replaced by "mark." 
 
§ 12. Article 4(l) of the State Taxes Law (publ. in Izvestia No. 104/1951; amend. in No. 
89/1959, No. 21/1960; State Gazette No. 53/1973, No. 87/1974, No. 21/1975, No. 21/1990, No. 55/1991, No. 100/1992, Nos. 69, 87/1995, Nos. 37, 100, 104/1996, Nos. 82, 86/1997, No. 133/1998) shall be amended as follows: 
 
"(l) For the grant of patents for inventions and utility models, for the issue of certificates for new plant varieties and animal breeds, for the registration, renewal, assignment, among other things, of marks and industrial designs, for the registration, 
among other things, of geographical indica tions and layout designs of integrated 
circuits." 
 
§ 13. In § 1, item 8 of the Corporate Income Tax Law (publ. in State Gazette No. 115/1997; 
rev. in No. 19/1998; amend. in Nos. 21, 153/1998, Nos. 12, 50 51/1999), "trademark" is replaced by "mark." 
 
§ 14. In Article 31(1) of the Cooperatives Law (publ . in State Gazette No. 63/1991; amend. in 
Nos. 34, 55/1992, No. 63/1994, Nos. 59, 103/1996, No. 52/1997, No. 52/1998), "trademarks" is replaced by "marks." 
 IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 42 
 
 
  § 15. The Council of Ministers shall adopt Inst ructions for the filing, drafting and 
examination of applications for the registrati on of marks and geographical indications, as well 
as for the procedures and manner of enforcement of border controls and the tariff of fees 
referred to in Article 4.  
§ 16. This Law shall enter into force three months  after its publication in the State Gazette. 
 
§ 17. The implementation of this Law is assigned to the President of the Patent Office.  
 
The Law was passed by the XXXVIII Nationa l Assembly on 1 September 1999, and the 
official seal of the National Assembly was put to it. 
 
 Transitional and Final Provisions of the 
LAW ON THE AMENDMENT OF THE LAW ON MARKS AND GEOGRAPHICAL 
INDICATIONS (publ. in State Gazette No. 43/2005, in force since 21.08.2005) 
 
§ 43. Applications for the registration of marks for which no formal examination has been 
carried out until entry into effect of this Law shall be published in correspondence with 
Article 36a.  
§ 44. Requests for revocation of registrations filed prio r to the date of entry into force of this 
Law shall be treated in accordance with this Law. 
 
§ 45. The Minister of Agriculture and Forestry  shall issue a regulation specifying the 
conditions and manner of filing with the Ministry  of Agriculture and Forestry of records from 
a group of producers for entering thereof in the European Register of Protected Geographical 
Indications for agricultural and food products  and exercising control for correspondence 
between the agricultural and food products and the protected geographical indications. 
 
§ 46. This Law shall enter into force three months  after its publication in the State Gazette. 
  Transitional and Final Provisions of the TOURISM LAW (publ. in State Gazette No. 94/2005, in force since 25.11.2005) 
 
§ 88. This Law shall enter into force on the day of its publication in the State Gazette. 
 
 Transitional and Final Provisions of the TAX PROCEDURE CODE (publ. in State Gazette No. 105/2005, in force since 01.01.2006)  
§ 88 The Code shall enter into force on 1 January 2006, except for Article 179(3); 
Article 183(9); § 10, item 1(e) and item 4(c) ; § 11, item 1(b); and § 14, item 12 of the 
Transitional and Final Provisions, which shall co me into effect as of the day on which the 
Code is published in the State Gazette. 
   IP/N/1/BGR/G/1 
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 Page 43 
 
 
  Transitional and Final Provisions of the 
CODE OF ADMINISTRATIVE PROCEDURE (publ. in State Gazette No. 30/2006, in force 
since 12.07.2006)  
§ 76 The following amendments shall be made  in the Law on Marks and Geographical 
Indications (publ. In State Gazette No. 81/199 9; amended No. 82/1999; amended Nos. 28, 43, 
94 and 105/2005) : 
 
4. The words "Law of Administrative Pro cedure" shall be replaced by "Code of 
Administrative Procedure". 
 
§ 142 The Code shall enter into force three months  after its publication in the State Gazette, 
except for:  
1. Title Three, § 2, item 1, and § 2, item 2 – concerning the deletion of Chapter Three, 
Section II "Court Appeal", § 9, items 1 and 2, § 11, items 1 and 2, § 15, §44, items 1 and 2, 
§ 51, item 1, § 53, item 1, § 61, item 1, § 66, ite m 3, § 76, items 1-3, § 78, § 79, § 83, item 1, 
§ 84, items 1 and 1, § 89, items 1-4, § 101, item 1, § 102, item 1, § 107, § 117, items 1 and 2, 
§ 125, § 128, items 1 and 2, § 132, item 2, a nd § 136, item 1, as well as § 34, § 35, item 2, 
§ 43, item 2, § 62, item 1, § 66, items 2 and 4,  § 97, item 2, and § 125, item 1 – concerning 
the replacement of the word "district" by "adm inistrative" and the replacement of "the Sofia 
City Court" by "the Sofia Administrative Court", which shall come into effect on 1 March 2007;  2. Paragraph 120, which shall come into force on 1 January 2007; 
 
3. Paragraph 3, which shall come into force on th e day of publication of the Code in the State 
Gazette. 
 
 Transitional and Final Provisions of the 
LAW ON THE AMENDMENT OF THE LAW ON MARKS AND GEOGRAPHICAL 
INDICATIONS (publ. in State Gazette No. 73/2006, in force since 06.10.2006) 
 
§ 26. (in force since the date of accession of the Republic of Bulgaria to the European 
Union) (1) Community marks having effect on the date of accession of the Republic of 
Bulgaria to the European Uni on, as well as Community mark applications filed prior to that 
date, shall take effect in the territory of the Republic of Bulgaria on that date. 
 (2) The registration of a Community mark filed prior to the accession date may not be refused on the basis of any absolute grounds for refusal within the meaning of Article 7(1) of the Regulation, provided that such grounds are app lied solely because of the fact of the accession. 
 
(3) Notice of opposition may be given under Article  42 of the Regulation to the registration of 
a Community mark application filed within 6 months prior to the accession date, in case the 
earlier mark or the earlier right within the meaning of Article 8 of the Regulation has existed in the Republic of Bulgaria prior to the acce ssion date and provided that they have been 
acquired in good faith. 
 IP/N/1/BGR/G/1 
IP/N/1/BGR/T/1 Page 44 
 
 
  (4) A Community mark may not be invalidated, if:  
 
1. the grounds for that, within the meaning of Article 51 of the Regulation, result solely from the fact of the accession of the Republic of Bulgaria, or 
2. the earlier national right within the mean ing of Article 52(1) of the Regulation had 
been registered, applied or acquired in th e Republic of Bulgaria prior to the accession 
date. 
 (5) The use of a Community mark under the conditions of Articles 106 and 107 of the 
Regulation may be prohibited by way of f iling an appeal before the court under 
Article 72d(3), provided that the earlier mark ha d been registered or applied for registration 
prior to the accession date, or the earlier right ha d been acquired in it prior to that date. 
 § 28. This Law shall enter into force one m onth after its publication in the State Gazette, 
except for § 7, § 12, § 21 and § 26, which shall come into effect on the date of accession of 
the Republic of Bulgaria to the European Union,  and § 17, which shall come into effect on 
13 July 2006. 
 
 Transitional and Final Provisions of the  
LAW ON THE APPLICATION OF THE COMMON ORGANIZATIONS OF MARKETS 
FOR AGRICULTURAL PRODUCTS OF THE EURO PEAN UNION (publ. in State Gazette 
No. 96/2006, in fo rce since 01.01.2007) 
 
§ 12. The Law shall enter into force on 1 January  2007, except for § 7, which shall come into 
effect as of the day on which it is  published in the State Gazette. 
 
 Transitional and Final Provisions of the  CODE OF CIVIL PROCEDURE (publ. in State Gazette No. 96/2006, in force since 01.01.2007) 
 
§ 61. The Code shall take effect on 1 March 2008, except for: 
 
1. Part Seven "Special rules concerning the civil proceedings under the operation of the European Union Law";  
2. Paragraph 2(4); 
 3. Paragraph 3 concerning the replacement of  Chapter Thirty Two "A" "Special Rules 
for Recognition and Admission of Fulfillment of Decisions of Foreign Courts and of 
Foreign Bodies" by Arts. 307a to 307e, and replacement of Part Seven "Proceedings 
for Returning a Child or Exercising the Ri ghts of Personal Relations" by Arts. 502 to 
507; 
 4. Paragraph 4(2);  5. Paragraph 24; 
 
6. Paragraph 60,  which will take effect three days after prom ulgation of the Code in the State Gazette. 
  IP/N/1/BGR/G/1 
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Relevant Acts of the European Law 
 
DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 
20 April 2004 on the Enforcement of Intellectual Property Rights 
 FIRST DIRECTIVE OF THE COUNCI L of 21 December 1988, to Approximate the Laws of the 
Member States Relating to Trade Marks  
COUNCIL REGULATION (EC) No 3295/94 of 22 D ecember 1994 laying down measures to prohibit 
the release for free circulation, e xport, re-export or entry for a suspen sive procedure of counterfeit and 
pirated goods  REGULATION (EEC) No. 2380 /74 OF THE COUNCIL of 17 September 1974 adopting provisions 
for the dissemination of information relating to  research programmes for the European Economic 
Community  COUNCIL REGULATION (EC) No 40/94 of 20 December 1993 on the Community trade mark  REGULATION (EC) No. 1383/2003 OF THE COUNC IL of 22 July 2003 concerning customs 
actions against action suspected of infringing certain  intellectual property rights and the measures to 
be taken against goods found to  have infringed such rights. 
  
__________