Chapter One
GENERAL PROVISIONS

Subject Matter
Article 1. This Act establishes the terms and procedure for registration of marks and geographical indications, the rights arising therefrom, and the protection of the said rights.
Scope of Application
Article 2. (1) This Act shall apply to Bulgarian natural and legal persons and to foreign natural and legal persons of States parties to the international treaties whereto the Republic of Bulgaria is a party.
(2) This Act shall apply to foreign natural and legal persons of other States on conditions of reciprocity to be determined at the discretion of the Patent Office.
Representation
Article 3. (1) Any person entitled under this Act to act before the Patent Office may do so either in person or through a local industrial property agent.
(2) (Amended, SG No. 43/2005) Any persons referred to in Paragraph (1), who or which have no permanent address or registered office in the Republic of Bulgaria, shall be required to act before the Patent Office through a local professional industrial property representative.
Fees
Article 4. (Supplemented, SG No. 43/2005, amended, SG No. 73/2006) The Patent Office shall charge fees for filing of applications, priority, registration, issuing of certificates, acceleration of expertise in essence, renewal of registration, recording, correction of errors, appeals against refusals, revocation and cancellation, extension of time limits, publication of the application, the registration and the entries, filing of applications for international registrations, forwarding an application for Community trade mark, requests for determination that marks are well-known or have a reputation, publication for defining a mark as well-known or having a reputation, information on a mark or geographical indication applied for, enquiries and extracts from State registers at rates fixed in a rate schedule approved by the Council of Ministers.
State Register of Marks
Article 5. The State Register of Marks shall be kept by the Patent Office and shall contain data on all registered marks and on all subsequent recordings in relation to such marks.
State Register of Well-Known Marks and Marks Having a Reputation
Article 5a. (New, SG No. 73/2006) The Patent Office shall keep a Register in which data concerning all marks defined as well-known or having a reputation on the territory of the Republic of Bulgaria shall be entered.
State Register of Geographical Indications
Article 6. The State Register of Geographical Indications shall be kept by the Patent Office and shall contain data on all registered geographical indications, scheduled users and all subsequent changes in relation to such indications and users.
Access to the State Registers
Article 7. (Supplemented, SG No. 73/2006) The State Registers referred to in Articles 5, 5a and 6 herein shall be open to public inspection. Any person may request information or an extract from the contents of the said registers.
File
Article 8. (1) The Patent Office shall keep a file on each mark or geographical indication which shall consist of all registration documents and subsequent recordings.
(2) The Patent Office shall provide information on a mark or geographical indication filed for registration to third parties on an instruction by the President of the Office.
(3) The information referred to in Paragraph (2) shall include only such data as is published upon registration of the mark or geographical indication.

Chapter Two
MARKS

Section I
Registration
Definition
Article 9. (1) A mark is a sign that is capable of distinguishing 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 letters, numerals, drawings, figures, the shape of the article or the packaging thereof, 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 Rights to a Mark
Article 10. (1) The right to a mark shall be acquired by registration, reckoned from 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.
Absolute Grounds for Refusal of Registration
(Title amended, SG No. 73/2006)
Article 11. (1) The following shall be ineligible for registration:
1. any sign that is not a mark within the meaning given by Article 9 (1) herein;
2. (amended, SG No. 43/2005) any mark which is devoid of any distinctive character;
3. (supplemented, SG No. 43/2005) any mark consisting exclusively of signs or indications that have become customary in the current language or the established practices of the trade of the Republic of Bulgaria in respect of the goods or services applied for;
4. (amended and supplemented, SG No. 43/2005) any mark which consists exclusively of signs or indications which designate the kind, quality, quantity, intended purpose, value, place of origin, time of production of the goods or the manner of provision of the services, or other characteristics of the goods or services;
5. any sign that consists exclusively of:
(a) the shape of the goods dictated by their nature;
(b) the shape of the goods necessary for a technical result to be obtained;
(c) the shape of the goods that considerably increases their value;
6. any mark that is contrary to public order or morality;
7. any marks that may mislead users as to the nature, quality or place of origin of the goods or services;
8. (amended, SG No. 43/2005) any mark which consists of or includes armorial bearings, flags or other emblems, as well as imitations thereof, of any States which are parties to the Paris Convention, as well as any armorial bearings, flags or other emblems, abbreviations or names of international intergovernmental organizations;
9. (supplemented, SG No. 43/2005) any mark which consists of or includes official signs and hallmarks indicating control and warranty, where such signs and hallmarks are used for identical or similar goods;
10. (repealed, SG No. 43/2005);
11. (amended, SG No. 28/2005, SG No. 94/2005) any mark which consists of or includes the name or a depiction of historical or cultural monuments of the Republic of Bulgaria, as designated by the Ministry of Culture;
12. (repealed, SG No. 43/2005).
(2) The provisions of Items 2, 3 and 4 of Paragraph (1) shall not apply where the mark, through use, has become distinctive in relation to the goods or services for which registration is sought.
(3) (Amended, SG No. 43/2005) The provisions of Items 8, 9 and 11 of Paragraph (1) shall not apply where the consent of the relevant competent authority has been obtained.
Relative Grounds for Refusal
(Title amended, SG No. 73/2006)
Article 12. (1) The following marks shall be ineligible for registration:
1. any mark that is identical to an earlier mark, where the goods or services of the mark filed for registration and those of the earlier mark are identical;
2. any mark that is identical or similar to an earlier mark, and because of the identity or similarity of the goods or services of the two marks, users are liable to be confused, notably by the likelihood of association with the earlier mark;
3. any mark that consists of a geographical designation or a derivative thereof.
(2) An "earlier mark" within the meaning given by Item 2 shall be:
1. a registered mark with an earlier filing date or an earlier priority date, as the case may be;
2. a mark filed for registration with an earlier filing date or earlier priority date, if registered;
3. a mark that is well-known within the territory of the Republic of Bulgaria upon the filing date or priority date, as the case may be.
(3) (Amended, SG No. 43/2005) 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 of the earlier mark, where that earlier mark has a reputation within the territory of the Republic of Bulgaria and where the use without due cause of the mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier mark.
(4) The provisions of Item 2 of Paragraph (1) and Paragraph (3) shall not apply where the consent of the proprietor of the prior mark has been obtained.

Section II
Legal Effects of Registration
Content of Exclusive Rights on Mark
(Title amended, SG No. 73/2006)
Article 13. (1) The right to a mark includes a right of the proprietor of the mark to use and dispose of the said mark, and to prohibit other parties from unauthorized use in the course of trade of any sign which:
1. is identical to the mark of any goods or services that are identical to those for which the mark is registered;
2. (supplemented, SG No. 43/2005) because of its identity with or similarity to the mark, and because of the identity or similarity of the goods or services covered by the mark with or to the sign, there exists a likelihood of confusion on the part of users, including the likelihood of association of the sign with the mark;
3. (amended, SG No. 43/2005) is identical with or similar to the mark of goods or services that are not identical with or similar to those for which the mark is registered, where the earlier mark has a reputation within the territory of the Republic of Bulgaria and where the use of the 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, SG No. 43/2005, No. 73/2006) The use in the course of trade referred to in Paragraph (1) shall include:
1. affixation of the sign to goods or to the packaging thereof;
2. offering the goods bearing the sign for sale, placing such goods on the market or storing such goods for those purposes, and offering or rendering services under the sign;
3. importing or exporting goods bearing the sign;
4. using the sign in business papers and in advertisements.
(3) (Amended, SG No. 73/2006) The exclusive right shall be effective with respect to third parties as from the date of publication of the registration.
Limitation of Right to Mark
Article 14. The proprietor of a mark may not prohibit a third party from using the following in the course of trade, provided that the use is not contrary to fair trading practice:
1. his own name or address;
2. directions as to the kind, quality, quantity, intended purpose, value, place of origin, or time of production of the goods or provision of the services, or other characteristics of the goods or services;
3. the mark itself, where it is necessary to specify the intended purpose of the goods or services, in particular when they are used as accessories or spare parts.
Exhaustion of Right to Mark
Article 15. (1) (Amended, SG No. 73/2006, effective on the day of entry into force of the EU Treaty of Accession of the Republic of Bulgaria) The proprietor of a mark may not prohibit other parties from using the said mark for goods or services that are placed on the market on the territory of the European Union member-states, respectively the European economic space, under the said mark either by the proprietor or with the consent thereof.
(2) Paragraph (1) shall not apply where the proprietor has good reason to oppose further sales of the goods, especially where the condition of the said goods has changed or deteriorated since their placing on the market.
Jointly Held Mark
Article 16. (1) The right to a mark may be held by two or more person.
(2) Each joint proprietor may use the mark without the consent of the other joint proprietors and without accounting to them for any such use, unless otherwise agreed therebetween in writing.
Indication of Registration
Article 17. When using the mark, the proprietor thereof may indicate the registration of the said mark by placing the Roman letter R in a circle in a suitable location near the mark.
Reproduction of Mark in Works of Reference
Article 18. Where reproduction of a mark in dictionaries, encyclopaedias or other works of reference creates the impression that the mark is the generic name of the goods or services for which the mark is registered, the proprietor of the said mark may oblige the publisher to state, not later than in its next edition of the relevant work, that this is a registered mark.
Obligation to Use Mark
Article 19. (1) If, within five years after registration, the proprietor of a mark has not commenced actual use of the said mark within the territory of the Republic of Bulgaria in connection with the goods or services for which the mark is registered, or if such use has been suspended for an uninterrupted period of five years, the registration may be revoked, unless there is a convincing reason for the non-use.
(2) In addition to the covered under Article 13 (2) herein, the following shall also be considered actual use within the meaning given by Paragraph (1):
1. use of the mark by the proprietor thereof in a form not materially different from the form in which the mark was registered;
2. affixation of the mark to goods or to the packaging thereof in the Republic of Bulgaria, regardless of whether the said goods are intended for export only.
(3) Use of the mark with the consent of the proprietor thereof shall be considered to be use by the proprietor himself.
Duration of Registration
Article 20. (1) The duration of registration shall be ten years, reckoned from the filing date of the application.
(2) A registration may be renewed for an unlimited number of further ten-year periods according to the procedure established by Article 39 herein.

Section III
Disposition of Right to Mark
Transfer of Right to Mark
Article 21. (1) The right to a mark may be transferred, independently of the transfer of the commercial enterprise, in respect of all or some of the goods or services for which the mark is registered.
(2) In respect of jointly held marks, the right to a mark shall be transferred with the written consent of all joint proprietors, unless otherwise agreed therebetween.
(3) Any transfer shall be recorded in the State Register at the request of one of the parties, the request being accompanied by a transfer document. The new proprietor shall be issued a certificate.
(4) (Amended, SG No. 43/2005) Where it is evident from the transfer document that, owing to the transfer of the mark, users are liable to be misled as to the nature, quality or place of origin of the goods or services, the transfer shall not be recorded, unless the goods or services are limited to such as are not likely to be misleading.
(5) The transfer shall be effective with respect to third parties as from the date of recording or the said transfer in the State Register.
(6) All documents of which the proprietor must be informed shall be transmitted to the person last recorded as proprietor in the State Register.
(7) The provision of Paragraphs (1), (2) and (4) shall furthermore apply to the transfer of applications for registration.
Licence Agreement
Article 22. (1) The proprietor of a mark may permit the use of the said mark in respect of all or some of the goods or services for which the mark is registered within all or part of the territory of the Republic of Bulgaria by means of a written licence agreement.
(2) The use of a jointly held mark shall be permitted with the written consent of all proprietors, unless otherwise agreed therebetween.
(3) A licence may be exclusive or non-exclusive. Unless otherwise agreed, the licence shall be presumed non-exclusive.
(4) The licensor of an exclusive licence shall have no right to grant licences for the same subject matter to other persons. Any such licensor shall have the right to use the mark only where so expressly agreed.
(5) (Amended, SG No. 43/2005) A licence agreement shall be recorded in the State Register at the request of one of the parties, the said request being accompanied by an extract from the licence agreement stating particulars identifying the licensee and the licensor, the mark and the registration number of the mark, and the term of validity of the licence agreement, with the signatures and seals of both parties being affixed thereto. The Patent Office shall issue a certificate of the recording.
(6) The licence agreement shall be effective with respect to third parties as from the date of recording of the said agreement in the State Register.
Right to Mark as Subject of Collateral Security
Article 22a. (New, SG No. 43/2005) (1) The right to a mark may serve as collateral security under a pending or future claim. Acting at the request of the claimant, the court may furthermore admit some of the following injunctions without notifying the respondent:
1. a prohibition of use of the rights to the mark by the proprietor or the licensee;
2. a prohibition of disposition of the rights to the mark by the proprietor.
(2) Any such collateral security shall be recorded in the State Register of Marks at the request of one of the parties to the claim.
(3) Any such request must state particulars identifying the proprietor of the mark and the person in whose favour the collateral security is provided, and particulars of the mark and of the type of injunction. A document whereby the collateral security is provided shall accompany the request.
(4) The collateral security shall have effect vis-a-vis third parties as from the time of recording in the State Register of Marks at the Patent Office.
Right to Mark as Subject of Registered Pledge
Article 22b. (New, SG No. 43/2005) (1) The right to a mark may serve as a registered pledge.
(2) The provisions of Articles 26 through 31 incl. of the Registered Pledges Act shall apply to the recording of the registered pledge in the State Register of Marks. The pledgor shall be issued a certificate.
(3) The pledge shall have effect vis-a-vis third parties as from the time of recording in the State Register of Marks at the Patent Office.
Inclusion of Right to Mark in Bankruptcy Estate
Article 22c. (New, SG No. 43/2005) (1) The right to a mark shall be included in the bankruptcy estate when bankruptcy proceedings are instituted against the proprietor of the said mark.
(2) Where a mark has been included in the bankruptcy estate, this fact shall be recorded in the State Register of Marks at the request of one of the parties to the case and shall be published in the Official Bulletin of the Patent Office.

Section IV
Lapse of Registration, Revocation and Expungement
of Registration
Lapse of Registration
Article 23. (1) The validity of a registration shall lapse upon:
1. expiry of the duration referred to in Article 20 herein;
2. surrender by the proprietor;
3. dissolution of the proprietor if a legal person without legal succession.
(2) (Amended, SG No. 43/2005) A lapse under Item 3 of Paragraph (1) shall take place at the request of a person who can establish a legitimate interest.
(3) The right to the mark shall be extinguished upon lapse of the registration.
Lapse of Registration of Marks Containing Registered
Geographical Indication
Article 23a. (New, SG No. 43/2005) The registration of any marks which contain a registered geographical indication shall lapse upon:
1. expiry of the legal protection of the geographical indication;
2. cancellation of the registration of the geographical indication; or
3. revocation of the registration of the proprietor of the mark as scheduled user of the geographical indication.
Surrender of Right
Article 24. (1) The proprietor of a mark may surrender the right thereof to the said mark in respect of all or some of the goods or services for which the mark is registered by means of a written declaration filed with the Patent Office.
(2) The surrender shall be effective as from the date of recording of the said surrender in the State Register.
(3) Where a licence agreement has been recorded, surrender of a right shall be recorded if the proprietor furnishes evidence of having informed the licensee of his intention to surrender the right to the mark. Recording shall be effected upon the lapse of two months after submission of the evidence.
(4) Surrender of the right to a mark by one or several of the joint proprietors shall not lead to lapse of the registration with respect to the remaining joint proprietors.
Revocation of Registration
Article 25. (1) (Amended, SG No. 43/2005) A registration of a mark shall be revoked at the request of any person where:
1. the mark has not been used according to Article 19 herein;
2. as a result of an act or omission by the proprietor, the mark has become a common name for the product or service for which the mark is registered;
3. the mark is used by the proprietor or by another person with the proprietor's consent in respect of the goods or services for which the marks registered in a manner misleading users as to the nature, quality or place of origin of the goods or services.
(2) The provision of Item 1 of Paragraph (1) shall not apply if the proprietor has initiated or resumed actual use of the mark thereof within the period between the expiry of the five-year term and the filing date of the revocation request. The commencement or resumption of the use within three months before the filing date of the revocation request shall be ignored if the preparations for such use or resumption were made after the proprietor learned of the likelihood of the filing of such a request.
(3) Where the revocation request concerns part of the goods or services, the registration shall be revoked only in respect of the said goods or services.
Expungement of Registration
Article 26. (1) (Amended, SG No. 43/2005) A registration of a mark shall be cancelled at the request of any person, where the said registration has been effected in conflict with the requirements established by Articles 11 and 12 herein.
(2) Where a mark has been registered in conflict with Items 2, 3 or 4 of Article 11 (1) herein, the registration shall not be expunged if the proprietor proves that, as a result of the use, the mark has acquired distinctive character in relation to the goods or services for which the mark is registered.
(3) (Amended, SG No. 43/2005) The registration of a mark shall be cancelled at the request of any a person who can establish a legitimate interest where:
1. the mark is registered in conflict with Article 12 herein;
2. (repealed, SG No. 43/2005);
3. the mark is registered in the name of an agent or representative of the proprietor without the consent of the proprietor;
4. the applicant has acted in bad faith when filing the application, which has been established by an effective judgment of court;
5. the use of a mark is liable to be prohibited by virtue of an earlier right vesting in a third party, that earlier right enjoying protection under another law, and more specifically:
(a) the right to one's name and likeness;
(b) copyright;
(c) the right of a breeder to the name of a variety of plant or an animal breed;
(d) an industrial property right.
6. (new, SG No. 43/2005) the mark consists of or contains the business name of another party whereof the business name has been registered and used in the Republic of Bulgaria prior to the registration filing date in connection with identical or similar goods or services.
(4) A registration of a mark may furthermore be expunged proprio motu by the Patent Office, where the said mark has been registered in conflict with Articles 11 and 12 herein.
(5) In the cases under Item 1 of paragraph (3), a registration shall not be expunged if the earlier mark has not been used according to Article 19 herein.
(6) (Amended, SG No. 43/2005) In the cases referred to in Item 3 of Paragraph (3), the registration shall not be cancelled and the mark shall be transferred to the person who can establish a legitimate interest at the request of the said person.
(7) (Amended, SG No. 43/2005) In the cases referred to in Items 1 and 5 of Paragraph (3), the registration shall not be cancelled if the consent of the proprietor of the earlier mark or the holder of the earlier right, as the case may be, is presented during the cancellation proceedings.
(8) Where the grounds for expungement affect only part of the goods or services, the registration shall be expunged solely in respect of the said goods or services.
Restriction Due to Acquiescence
Article 27. (1) Where the proprietor of an earlier mark within the meaning given by Article 12 (2) herein has acquiesced for a period of five successive years in the use of a later mark despite being aware of that use, the said proprietor shall not be entitled to invoke his earlier mark as grounds to request expungement of the later mark or oppose the use of the said mark in respect of the goods or services for which the mark has been used unless registration of the later mark was applied for in bad faith.
(2) Paragraph (1) shall furthermore apply to proprietors of earlier marks according to Article 12 (3) herein or to holders of earlier rights according to Item 5 of Article 26 (3) herein.
(3) In the cases under Paragraphs (1) and (2), the holder of the right to 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 the rights thereof as grounds to request expungement of the later mark.
Legal Effects of Revocation and Expungement
Article 28. (1) Revocation of a registration of a mark under Item 1 of Article 25 (1) herein shall be effective as from the commencement of the five-year period of non-use.
(2) Revocation of a registration of a mark under Item 2 or 3 of Article 25 (1) herein shall be effective as from the filing date of the revocation request.
(3) Expungement of a registration of a mark shall be effective as from the filing date of the application.
(4) Revocation and expungement of a registration shall not affect:
1. any effective judgments of court on actions for infringement, to the extent to which they have been executed prior to the revocation or expungement;
2. any licence agreements, to the extent to which they have been performed prior to the revocation or expungement, unless otherwise agreed.

Section V
Collective and Certification Marks
Collective Marks
Article 29. (1) (Supplemented, SG No. 43/2005) A collective mark is a mark held by an association of producers, traders or service providers, the said association being a legal person. A collective mark serves to distinguish the goods or services of the association members from the goods or services of other persons.
(2) The association shall mandatorily adopt rules for the use of the collective mark stating: particulars of the persons entitled to use the mark; eligibility criteria for membership of the association; conditions governing use of the mark and grounds on which a member of the association may be prohibited from using the mark.
(3) The right to a collective mark shall be non transferable. Any persons who are not members of the association may not obtain permission to use the collective mark.
Certification Marks
Article 30. (1) (Amended, SG No. 43/2005) A certification mark attests the material, manner of manufacture, quality or other characteristics of the goods or services produced or offered by persons with the consent and under the supervision of the proprietor of the mark.
(2) (Amended, SG No. 43/2005) The proprietor of the mark shall mandatorily adopt rules for the use of the certification mark, stating: directions as to the quality, material or other characteristics of the goods or services; the control measures taken by the proprietor of the certification mark, and the sanctions imposed thereby.
(3) The proprietor of a certification mark may not use the said mark to designate the goods produced or the services provided thereby.
(4) The registration of a certification mark may be revoked, where the proprietor thereof has used it to designate any goods produced or services provided thereby.
Special Provisions
(Heading amended, SG No. 43/2005)
Article 31. (1) The proprietor of a collective or certification mark shall submit to the Patent Office the rules for use and all changes in the said rules. Any such changes shall be effective as from the date of submission of the said changes to the Patent Office.
(2) A registration of a collective or certification mark may be revoked on the grounds covered under Article 25 herein, as well as also where the proprietor of the said mark has permitted or tolerated any use which comes into conflict with the rules for use.
(3) A collective or certification mark whereof the registration is revoked or has lapsed 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 within three years after the publication of the revocation or lapse.
(4) (New, SG No. 43/2005) The Patent Office shall provide access to the rules for use of collective and certification marks.

Section VI
Proceedings before Patent Office
Application
Article 32. (1) An application for registration of a mark shall be filed with the Patent Office.
(2) An application must relate to a single mark intended for goods and/or services in one or more classes of the International Classification.
(3) An application must contain:
1. the request for registration;
2. the name and address of the applicant;
3. a depiction of the mark; and
4. a list of the goods and/or services for which the registration is requested.
(4) Where the application relates to a collective or a certification mark, the rules for use of the said mark shall be attached (to the application) together with the other documents covered under Paragraph (3).
(5) The application must satisfy any other requirements as may be established by an ordinance adopted by the Council of Ministers.
(6) The application shall be accompanied by documentary proof of payment offers.
(7) The application documents and data must be submitted in the Bulgarian language.
Filing Date
Article 33. (1) The filing date of an application shall be the date on which the documents with the particulars covered under Article 32 (3) and (4) herein are received at the Patent Office.
(2) Where the documents are submitted in a language other than Bulgarian, the filing date shall be maintained if the said documents are submitted in the Bulgarian language to the Patent Office within three months after that date.
Right of Priority
Article 34. (1) An application shall enjoy a right of priority over subsequent applications for identical or similar marks in respect of identical or similar goods or services as from the date of filing of the application with the Patent Office according to Article 33 (1) herein.
(2) The applicant shall enjoy a right of priority as from the date of a preceding application, provided that:
1. the preceding application was filed in due form in a State party to the Paris Convention or a Member State of the World Trade Organization;
2. the preceding application is a first application within the meaning given by Article 4 of the Paris Convention and is for the same mark and for the same goods or services;
3. the application is filed with the Patent Office within six months after the filing date of the preceding application;
4. priority is claimed within two months after the filing date of the application with a mention of the date and State of the preceding application;
5. within three months after the filing date of the application, the applicant pays a priority fee and submits a priority document issued by the competent authority of the State of filing of the preceding application.
(3) A duly filed application, as referred to in Item 1 of Paragraph (2), shall be any application having an assigned filing date, regardless of the subsequent fate of the said application.
(4) The rights of exhibition priority shall be granted 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:
1. the application is filed within six months after the date of the first display of the goods or services;
2. the application is for the same mark and for the same goods or services displayed;
3. priority is claimed within two months after the filing date of the application with a mention of the date of display and the State in which the exhibition was held, and
4. within three months after the filing date of the application, the applicant pays a priority fee and submits 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
Article 35. A claim of a colour or of a combination of colours shall be granted if filed together with the application.
Examination as to Form
Article 36. (1) Each application shall be subjected to an examination as to compliance with the requirements established by Article 33 herein for assignment of a filing date. In the event of non-compliance with the said requirements, the documents received shall be returned to the applicant.
(2) (Amended, SG No. 43/2005) Each application with an assigned filing date shall be examined as to accompaniment of documentary proof of payment of fees referred to in Article 32 (6) herein. Should no such proof accompany the application, the applicant shall be allowed a period of three months to cure this defect. If the fees are not paid within the said time limit, the application shall be deemed withdrawn.
(3) (New, SG No. 43/2005) Within two months after presentation of the documentary proof of payment of fees, the application shall be examined as to compliance with the requirements established by Article 32 (2), (5) and (7) herein. Where the application refers to a collective or certification mark, the said application shall be examined as to compliance of the rules for use with the requirements established by Article 29 (2) or by Article 30 (2) herein, as the case may be. Should any defects be detected, the applicant shall be allowed three months to cure the said defects.
(4) (Renumbered from Paragraph (3) and amended, SG No. 43/2005) Where the application does not satisfy the requirements established by Article 32 (2) herein and the applicant divides the application within the time limit provided for in sentence three of Paragraph (3), the resulting divided applications shall retain the filing date or the priority date, respectively, of the original application.
(5) (Renumbered from Paragraph (4) and amended, SG No. 43/2005) If the applicant fails to cure the defects within the time limit provided for in sentence three of Paragraph (3), the proceedings shall be terminated.
Publication of Application
Article 36a. (1) (New, SG No. 43/2005, previous Article 36a, SG No. 73/2006) Each application, which satisfies the requirements as to proper form, shall be published in the Official Bulletin of the Patent Office. Any such publication shall be performed within one month after completion of the examination under Article 36 herein and shall state the incoming reference number, the filing date and the priority, where such has been claimed, identifying particulars of the applicant, the type of the mark, the depiction of the mark, the claim of a colour or colours, the classes and the list of goods and services in respect of which the mark is applied for.
(2) (New, SG No. 73/2006) The application shall not be published when:
1. it is withdrawn pursuant to Article 36 (2) herein;
2. it is considered withdrawn pursuant to Article 36 (5) herein;
3. the procedure thereon has been terminated pursuant to Article 36 (5) herein;
4. an application for international registration of the same mark with a view to enjoyment of convention priority has been filed before completion of the preparation for publication, but not later than four months from the date of filing.
Opposition to Registration of Mark
Article 36b. (New, SG No. 43/2005) (1) Within two months after the date of publication of the application, any person may give notice of opposition to the registration of the mark in pursuance of Articles 11 and 12 herein.
(2) Any such opposition must be expressed in writing and must state grounds and reasoning.
(3) The opposing party shall not participate in the application proceedings but shall have the right to receive, on request, information on the opinion on the opposition.
Examination on the Merits
Article 37. (1) (Amended, SG No. 43/2005) Each application shall be subjected to an examination on the merits within one year after expiry of the time limit referred to in Article 36b (1) herein, regardless of whether any notice of opposition has been given.
(2) Where there are grounds for refusal of registration in respect of all or some of the goods or services, the applicant shall be notified, specifying all grounds for the refusal and allowing the applicant three months for lodgment of objections.
(3) (Amended, SG No. 43/2005) Where the mark contains an element which in itself is ineligible for registration as a mark under Items 2, 3, 4, 5, 8, 9 or 11 of Article 11 (1) herein, the applicant may be requested, as a condition for registration of the mark, to renounce the exclusive right to any such element.
(4) Where, within the time limit provided for in Paragraph (2), the applicant fails to lodge reasoned objections and/or to restrict the list of goods or services, or fails to comply with the requirements established by Paragraph (3), a decision to refuse the registration shall be made.
(5) Where a mark is found to comply with the requirements established by this Act, a decision on registration shall be made. Any such mark shall be recorded in the State Register of Marks and the applicant shall be issued a certificate of registration within one month.
Suspension of Proceedings
Article 37a. (New, SG No. 43/2005) (1) The application proceedings shall be suspended at the request of the applicant where a petition for revocation, cancellation or lapse of the earlier mark on which the opposition is based has been submitted under Item 3 of Article 23 (1) herein.
(2) The application proceedings shall be suspended proprio motu where the refusal is based on a mark applied for with an earlier filing date or with an earlier priority, as the case may be, or on a mark for which the time limit for submission of a request for renewal of registration according to Article 39 (3) herein, where a notice of opposition has been given claiming that the mark is well-known, or where the decision on the application is contingent on the advance determination of an issue within the competence of another authority.
(3) Any proceedings referred to in Paragraph (1) shall be resumed at the request of the applicant after entry into effect of the decision on the relevant petition or after recording of the lapse in the State Register of Marks.
(4) Any proceedings referred to in Paragraph (2) shall be resumed proprio motu after entry into effect of the decision on the earlier mark on which the opposition is based, after expiry of the time limit referred to in Article 39 (3) herein, after pronouncement on the claim that the mark is well-known, or after the decision of the relevant competent authority.
Withdrawal, Restriction, and Modification of Application
Article 38. (1) Until a decision is made on an application, the applicant may withdraw the said application or restrict the list of goods or services in respect of which the mark is applied for.
(2) An application may not be modified, except in the case of changes in the name or address of the applicant, mistakes in the name or address of the applicant or apparent errors, subject to the condition that any such corrections do not affect the sign or extend the list of goods or services.
(3) Corrections under Paragraph (2) shall be made at the request of the applicant.
Renewal of Registration
Article 39. (1) A registration shall be renewed at the request of the proprietor, any such request being accompanied by documentary proof of payment of a fee.
(2) The request must state the registration number of the mark and the particulars identifying the proprietor.
(3) The request may be submitted during the last year of the time limit provided for in Article 20 (1) herein, or within six months after the expiry of the said time limit subject to payment of an additional fee.
(4) Where the proprietor requests a renewal of the registration for only part of the goods or services for which the said mark is registered, the said proprietor shall specify the goods or services for which renewal is sought in the request.
(5) (Amended, SG No. 43/2005) In the event of failure to comply with the requirements established by Paragraphs (1), (2) and (3), registration of the mark shall not be renewed.
(6) Renewal shall be effective as from the day next succeeding the expiry date of the preceding registration.
Changes in Name and Address of Proprietor
Article 40. (1) The holder of a right to a mark shall be required to notify the Patent Office of any change in the name or address thereof within three months after occurrence of any such change.
(2) Any such change shall be recorded in the State Register at the request of the holder.
(3) All documents of which the holder must be informed shall be sent to the address as last recorded in the State Register.
Changes in Mark
Article 41. (1) No changes may be introduced in a mark during the term of validity of the registration or upon the renewal thereof.
(2) Where a mark includes the name and address of the proprietor, any change in the said name or address may be made at the request of the holder, provided that such changes do not materially affect the mark as registered.
Opposition Proceedings
Article 42. (1) The Appeals Department shall consider:
1. any appeals against decisions to refuse registration under Article 37 (4) herein;
2. (amended, SG No. 43/2005) any appeals against decisions on termination of proceedings under Article 36 (5) herein;
3. any petitions for revocation of the registration under Article 25 herein;
4. any petitions for expungement of the registration under Article 26 herein.
(2) (Supplemented, SG No. 43/2005, amended, SG No. 73/2006) Appeals shall be considered by panels composed of two State examiners and one legal expert, while petitions shall be considered by panels composed of three State examiners and two legal experts. Any such panels shall be appointed by the President of the Patent Office.
(3) (Amended, SG No. 43/2005) The panels referred to in Paragraph (2) shall prepare opinions on making the decisions referred to in Articles 45 and 46 herein.
Time Limits
Article 43. (1) Appeals may be lodged within three months after the date of notification of the decision.
(2) Petitions may be submitted throughout the duration of the registration.
(3) (Repealed, SG No. 43/2005).
Contents of Appeals and Petitions
Article 44. (1) An appeal must be reasoned and state particulars of the appellant and data of the application.
(2) (Amended, SG No. 43/2005) A petition shall be submitted in duplicate and must state identifying particulars of the petitioner, data of the legitimate interest of the petitioner, where so required, reasoning of the cancellation, as well as evidence, where appropriate.
(3) (Amended, SG No. 43/2005) A documentary proof of payment of a fee shall accompany the appeals and petitions.
Examination as to Admissibility and Proper Form of Appeals and Petitions
Article 44a. (New, SG No. 43/2005) (1) Each appeal shall be examined as to compliance with the time limit referred to in Article 43 (1) herein and as to presentation of documentary proof of payment of a fee referred to in Article 44 (3) herein.
(2) Each petition shall be examined as to presentation of documentary proof of payment of a fee referred to in Article 44 (3) herein and as to establishment of a legitimate interest, where so required.
(3) Where the appeal or petition is not accompanied by documentary proof of payment of a fee or where the legitimate interest is not established in the petition, the appellant or the petitioner, as the case may be, shall be allowed one month to cure the defects.
(4) Any appeals which are not lodged within the time limit referred to in Article 43 (1) herein and/or on which no fee has been paid, as well as any petitions on which no fee has been paid and/or no legitimate interest has been established, shall be inadmissible, and no proceedings shall be initiated on them.
(5) Each admissible appeal and petition shall be examined as to compliance with the rest of the requirements covered under Article 44 herein. Where any defects are detected, the appellant or the petitioner, as the case may be, shall be notified and shall be allowed one month to cure the said effects. The proceedings on any appeals and petitions whereof the defects are not cured within the said time limit shall be terminated.
Ruling on Appeals
Article 45. (1) (Amended, SG No. 43/2005) Where an appeal is unfounded, the President of the Patent Office shall render a decision upholding the decision on refusal of registration or the decision on termination of proceedings.
(2) (Amended, SG No. 43/2005) Where an appeal is well-founded, the President of the Patent Office shall render a decision revoking the decision and shall render a decision on referral of the application for reconsideration, on registration of the mark, or on resumption of proceedings.
(3) Where a decision on refusal of registration is revoked upon reconsideration of the application, a decision on the merits shall be made by the President of the Patent Office.
(4) (New, SG No. 43/2005) The decisions referred to in Paragraphs (1) and (2) shall be rendered within three months after lodgement of the appeal or after curing of the defects detected therein.
Proceedings on Petitions
Article 46. (1) (Amended, SG No. 43/2005) One copy of the petition shall be transmitted to the holder of the right to the mark, who shall be allowed three months for lodgement of an objection and, where the petition is under Item 1 of Article 25 (1) herein, also for presentation of evidence of use of the mark within the Republic of Bulgaria.
(2) (New, SG No. 43/2005) The objection or the evidence of use of the mark shall be transmitted to the petitioner, who shall be allowed one month for an opinion.
(3) (New, SG No. 43/2005) The panel referred to in Article 42 (2) herein may require from the parties additional evidence and materials, where appropriate. The said evidence and materials shall be provided to the opposing party for a written opinion within one month.
(4) (Renumbered from Paragraph (2), SG No. 43/2005) Where the petition is unfounded, the President of the Patent Office shall make a decision on rejection of the said petition.
(5) (Renumbered from Paragraph (3), SG No. 43/2005) Where the petition is well-founded, the President of the Patent Office shall make a decision on complete or partial revocation or on cancellation of the registration.
(6) (Renumbered from Paragraph (4), SG No. 43/2005) In cases of partial revocation or partial cancellation of the registration, the certificate of registration as issued shall be replaced by a new certificate.
(7) (New, SG No. 43/2005) The decisions on the petitions for revocation or for cancellation shall be rendered within three months after completion of the collection of evidence and materials referred to in Paragraph (3).
Suspension of Proceedings
Article 46a. (New, SG No. 43/2005) (1) The proceedings on an appeal shall be suspended where a petition for cancellation or revocation of the registration of the earlier mark has been submitted in connection with the said appeal.
(2) The proceedings on a petition for cancellation shall be suspended where a counter-petition for revocation of the registration of the earlier mark has been submitted.
(3) The proceedings referred to in Paragraphs (1) and (2) shall be resumed after entry into effect of the decision on the relevant petition.
Extension of Time Limits
Article 47. (Amended, SG No. 43/2005) The time limits referred to in Article 36 (3), Article 37 (2) and Article 46 (1) herein may be extended, at the request of the applicant or the proprietor, by three months on a single occasion. No such request shall be granted unless accompanied by documentary proof of payment of a fee.
Renewal of Time Limits
Article 48. Any time limits exceeded due to specific unforeseen circumstances may be renewed at the request of the applicant or the proprietor. Any such request may be filed within three months after the reason for exceeding the time limit has ceased to exist, but no later than one year after expiry of the time limit exceeded. A decision on renewal of a time limit shall be made by the President of the Patent Office.
Publication in Official Bulletin of Patent Office
Article 49. (Amended and supplemented, SG No. 73/2006) The Patent Office shall publish each registered mark, well-known mark or mark having a reputation and any subsequent recording relating thereto in the Official Bulletin of the Office within three months after recording in the State Register of Marks.
Judicial Review
Article 50. (1) (Amended, SG No. 30/2006, effective 1.03.2007) Any decisions under Article 45 (1) herein and Article 46 herein shall be appealable before the Administrative Court - Sofia City within three months after notification.
(2) Any refusals to record in the State registers, and any refusal to renewal registration shall be appealable according to the procedure established by the Administrative Procedure Code.

Section VII
(New, SG No. 73/2006)
Well-Known Mark and Mark Having a Reputation

Definition of Mark as Well-Known or Having a Reputation
Article 50a. (New, SG No. 73/2006) (1) The following circumstances shall be taken into account in defining a mark as being well-known or having a reputation:
1. degree of being well-known or of mark being acknowledged by the respective part of the public which encompasses actual or potential consumers of the product or service, the persons engaged in the respective distribution network and the business circles engaged with the given goods or services;
2. duration, degree and geographical region wherein the mark is used;
3. duration, degree and geographical region of presentation of the mark, including advertisement, publication or exhibition of the products and/or services for which the mark is applied at fairs and/or exhibitions;
4. data concerning the successful invocation of the rights on the said mark, providing that mark is registered;
5. mark value;
6. other circumstances.
(2) Definition of a mark as being well-known or having a reputation shall be effected by:
1. Sofia City Court under the general application procedure;
2. the Patent Office under the procedure pursuant to Article 50b.
Procedure for Definition of Well-Known Mark and
Mark Having a Reputation on the Territory of the Republic of
Bulgaria at the Patent Office.
Article 50b. (New, SG No. 73/2006) (1) Definition of a well-known mark or a mark having a reputation shall be effected upon the request of the proprietor of that mark subject of payment of the relevant fee and submission of written evidence.
(2) The President of the Patent Office shall make a decision on the request on the basis of an expert opinion of a commission appointed thereby.
(3) A mark that has been defined as well-known or having a reputation pursuant to Paragraph (2) shall be published in the Official Bulletin of the Patent Office and shall be entered in the Register referred to in Article 5a.
(4) A mark that has been defined as well-known or having a reputation pursuant to Item 1 of Article 50a (2) shall not be published in the Official Bulletin of the Patent Office, nor entered in the Register referred to in Article 5a and may not be invoked against a third party.
(5) The decision for definition of a mark as well-known or having a reputation may be appealed before Sofia City Court under the procedure of the Administrative Procedure Code by any third party within one month following the publication.
(6) The refusal to define a mark as well-known or having a reputation may be appealed before Sofia City Court under the procedure of the Administrative Procedure Code.
(7) The procedure and method whereby a mark shall be defined at the patent Office as well-known or having a reputation on the territory of the Republic of Bulgaria shall be established by an Ordinance passed by the Council of Ministers.

Chapter Three
GEOGRAPHICAL INDICATIONS

Section I
Registration
Definition
Article 51. (1) Geographical indication means an appellation of origin or an indication of source.
(2) An appellation of origin is the name of a country, or of a region or a specific locality within that country, serving to designate goods that originate therein and whose quality or characteristics are due essentially or exclusively to the geographical environment, including natural and human factors.
(3) An indication of source is the name of a country, or of a region or a specific locality within that country, serving to designate goods that originate therein and whose quality, reputation or another characteristic is attributable to that place of origin.
(4) (New, SG No. 43/2005) Traditional names, which conform to the requirements referred to in Paragraphs (2) and (3), shall likewise be deemed geographical indications.
Grounds for Refusal of Registration
Article 52. A name shall not be registered as a geographical indication if:
1. it has become a generic name of goods of a certain kind within the territory of the Republic of Bulgaria without being associated with the place of production of the said goods;
2. it is identical to the name of a variety of plant or an animal breed protected earlier, where users are likely to be misled as to the true origin of the goods;
3. it is identical to a geographical indication or a mark registered earlier for identical goods;
4. it is identical or similar to a geographical indication or a mark registered earlier for identical or similar goods, where users are liable to be misled.
Legal Protection
Article 53. (1) A geographical indication shall be granted legal protection through registration with the Patent Office.
(2) Legal protection shall comprehend a prohibition of:
1. any commercial use of the geographical indication for goods that are similar to those for which the said indication is registered, in so far as the renown of the registered indication is exploited;
2. improper use or imitation of the geographical indication, even where the genuine origin of the goods is specified, or use of the indication in translation or in combination with expressions such as "sort", "kind", "type", "imitation", and the like;
3. use of any other false or misleading indication of the source, origin, nature or essential properties of the goods designated on the packaging thereof, in advertising material or documents related to the goods, such indication being likely to mislead as to the genuine origin of the goods;
4. any other action that may mislead users as to the true origin of the goods.
(3) Registered geographical indications may not be turned into generic names as long as they enjoy protection under this Act.
Right to File Application
Article 54. (1) The right to file an application shall vest in any person who carries on the production activity in the specified geographical locality, provided that the goods the said persons produces conform to the established properties or peculiarities.
(2) The borders of the geographical locality and the properties or peculiarities of the goods, as well as the relationship between the said properties or peculiarities and the geographical environment or place of origin, shall be defined or established by the relevant central government department by order of the head thereof.
Right of Use
Article 55. (1) A registered geographical indication may be used only by the person registered as the user thereof.
(2) The scheduled user may use the geographical indication only in respect of the goods for which it is registered. The said user may affix any such indication to the goods or to the packaging thereof, or use it in advertising material, on business papers concerning the goods, or on other documents.
Termination of Legal Protection
Article 56. The legal protection of a registered geographical indication shall terminate where the relationship between the properties or peculiarities of the goods and the geographical environment ceases to exist.
Expungement of Registration
Article 57. (1) (Amended, SG No. 43/2005) A registration of a geographical indication shall be cancelled at the request of any person who can establish a legitimate interest where:
1. the said registration has been effected in violation of Article 51 (2) or (3) or Item 1 of Article 52 herein, and the said violation has been established by an effective judgment of court;
2. the said registration has been effected in violation of Items 2, 3 and 4 of Article 52 herein.
(2) The registration of a foreign geographical indication shall be expunged where the said indication has been expunged in the country of origin.
Ex officio Deletion
Article 57a. (New, SG No. 96/2006) (1) The registration of a geographical indication of agricultural product of foodstuffs shall be deleted ex officio where the geographical indication of the agricultural products or foodstuff concerned has been entered into the European Register of Protected Designations of Origin and Protected Geographical Indications.
(2) The Ministry of Agriculture and Forestry shall notify the Patent Office of the entry of the geographical indication of agricultural product or foodstuff into the European Register of Protected Designations of Origin and Protected Geographical Indications. Deletion shall be effected within one month of such notification.
Cancellation of User Record
Article 58. The recording of a user may be cancelled at the request of any scheduled user where it is established in an action procedure that the said user is using the geographical indication for designation of other goods, or that the goods produced thereby do not possess the established properties or peculiarities.
Legal Effects or Expungement and Cancellation
Article 59. (1) The expungement of a registration shall be effective as from the filing date of the application.
(2) The cancellation of a user record shall be effective as from the date of the cancellation request.
(3) Expungement or cancellation shall not affect any effective judgments of court on actions for infringement in so far as they are executed prior to the expungement or cancellation.

Section II
Proceedings before Patent Office
Filing of Application
Article 60. (1) An application for registration of a geographical indications shall be filed with the Patent Office.
(2) An application must relate to a single geographical indication.
(3) An application must contain:
1. the request for registration;
2. the name and address of the applicant;
3. the appellation of origin or the indication of source;
4. designation of the goods;
5. a description of the borders of the geographical locality, and
5. a description of the established properties or peculiarities of the goods and the relationship of the said properties or peculiarities with the geographical environment or place of origin.
(4) The application shall be accompanied by a transcript of the order referred to in Article 54 (2) herein and a certificate issued by the relevant municipality, to the effect that the applicant carries on the production activity thereof within the geographical locality as specified.
(5) Where the applicant is a non-resident, the application shall be accompanied by a document certifying registration of the geographical indication in the country of origin.
(6) The application must satisfy any other requirements as may be established by an ordinance adopted by the Council of Ministers.
(7) The application shall be accompanied by documentary proof of payment offees.
Examination as to Form
Article 61. (1) Each application shall be subjected to an examination as to compliance with the requirements established by Article 60 herein. Should any defects be detected, the applicant shall be allowed three months to cure the said defects.
(2) If the applicant fails to cure the defects within the time limit referred to in Paragraph (1), a decision to terminate the proceedings shall be made.
Examination on the Merits
Article 62. (1) Each application which satisfies the requirements as to proper form shall be subjected to an examination on the merits within 18 months.
(2) Where there are grounds for refusal of registration of a geographical indication, the applicant shall be notified, stating all grounds for the refusal and allowing the applicant three months for lodgement of objections.
(3) Where, within the time limit provided for in Paragraph (2), the applicant fails to lodge reasoned objections, a decision to refuse the registration shall be made.
(4) Where a geographical indication is found to comply with the requirements established by this Act, a decision on registration shall be made. Any such geographical indication shall be recorded in the State Register of Geographical Indications. The applicant shall be recorded as user and shall be issued a certificate of use of the geographical indication within one month.
Recording of User of Registered Geographical Indication
Article 63. (1) Any person wherein a right to file an application vests may file an application for recording as a user of a registered geographical indication.
(2) Any such application must contain:
1. the request for recording as user;
2. the name and address of the applicant, and
3. the geographical indication and the registration number thereof.
(3) Any application shall be accompanied by a certificate issued by the relevant municipality, to the effect that the applicant carries on the production activity thereof within the specified geographical locality, and a certificate issued by the relevant central-government department, to the effect that the goods produced by the applicant possess the properties or peculiarities established for the geographical indication.
(4) The application shall be accompanied by documentary proof of payment offers.
(5) Each application shall be examined as to compliance with the requirements established by Paragraphs (1), (2), (3) and (4). Should any defects be detected, the applicant shall be allowed three months to cure the said defects.
(6) If the applicant fails to cure the defects within the time limit referred to in Paragraph (5), a decision to terminate the proceedings shall be made.
(7) Where the application for recording satisfies the requirements established by Paragraphs (1), (2), (3) and (4), the applicant shall be recorded as user in the State Register of Geographical Indications, and shall be issued a certificate of use of the geographical indication.
Proceedings before Appeals Department
Article 64. (1) The Appeals Department shall consider:
1. any appeals against decisions to refuse registration under Article 62 (3) herein;
2. any appeals against decisions to terminate the proceedings under Article61 (1) and under Article 63 (6) herein.
3. (new, SG No. 43/2005) any petitions for cancellation under Items 2, 3 and 4 of Article 52 herein.
(2) (Amended, SG No. 43/2005) Any appeals shall be lodged and considered according to the procedure established by Articles 42, 43, 44 and 44a herein.
(3) (New, SG No. 43/2005) Any petitions shall be submitted and considered according to the procedure established by Articles 42, 43, 44, 44a and 46 herein.
(2) Any appeals shall be considered according to the procedure established by Article 42 (2), Articles 43 and 44 herein.
Ruling on Appeals and on Petitions
(Title amended, SG No. 43/2005)
Article 65. (1) (Amended, SG No. 43/2005) Where an appeal is unfounded, the President of the Patent Office shall render a decision upholding the decision on refusal of registration.
(2) (Amended, SG No. 43/2005) Where an appeal is well-founded, the President of the Patent Office shall revoke the decision and shall render a decision on referral of the application for reconsideration or on registration.
(3) Where a decision on refusal is revoked, a decision on the merits shall be made by the President of the Patent Office upon reconsideration of the application.
(4) (New, SG No. 43/2005) Where a petition is unfounded, the President of the Patent Office shall render a decision on the rejection of the said petition.
(5) (New, SG No. 43/2005) Where a petition is well-founded, the President of the Patent Office shall render a decision on cancellation of registration.
Extension and Renewal of Time Limits
Article 66. (1) (Amended, SG No. 43/2005) The time limits under Article 61 (2), Article 62 (2) and Article 63 (5) herein may be extended by three months, on a single occasion, at the request of the applicant filed prior to the expiry of the said time limit. Any such request shall be ignored if not accompanied by documentary proof of payment of a fee.
(2) Time limits which have been exceeded due to specific unforeseen circumstances may be renewed at the request of the applicant or user. Any such request may be filed within three months after the reason for exceeding the time limit has ceased to exist, but not later than one year after the expiry of the time limit exceeded. A decision on renewal of a time limit shall be made by the President of the Patent Office.
Publication in Official Bulletin
Article 67. The Patent Office shall publish all registered geographical indications and any subsequent changes relating thereto in the Official Bulletin of the Office.
Judicial Review
Article 68. (Supplemented, SG No. 43/2005, amended, SG No. 30/2006, effective 1.03.2007) Any decisions under Article 65 (1), (4) and (5) and Article 46 herein shall be appealable before the Administrative Court - Sofia City within three months after notification.

Chapter Four
INTERNATIONAL REGISTRATION

International Registration of Marks
Article 69. (1) (Amended and supplemented, SG No. 43/2005) "International registration of marks" means a registration effected by the International Bureau of the World Intellectual Property Organization, hereinafter referred to as "the International Bureau," according to the procedure established by the Madrid Agreement and the Protocol.
(2) The international registration of a mark wherein the Republic of Bulgaria is mentioned shall have the same effect as if the said mark was directly applied for and registered in the Republic of Bulgaria. Any such registration shall be effective as from the date of the international registration or from the date of registration of the territorial extension.
(3) (Amended and supplemented, SG No. 43/2005) An international mark may be refused protection in the Republic of Bulgaria within the periods provided for in the Madrid Agreement and the Protocol.
(4) The holder of an international registration effective within the territory of the Republic of Bulgaria, who holds an earlier, national registration of the same mark, may file a request with the Patent Office, such a request being accompanied by documentary proof of payment of a fee, for the said international registration to be considered substituted for the national registration, all rights acquired there under being preserved.
International Registration of National Marks
Article 70. (1) (Amended, SG No. 43/2005) Any natural or legal person of the Republic of Bulgaria, or any person with a permanent address or an actual commercial activity in the Republic of Bulgaria, who holds a mark registered under this Act, may file an application for an international registration of the said mark.
(2) Any such application shall be filed with the International Bureau care of the Patent Office.
(3) International registration fees shall be paid by the applicant to the International Bureau.
International Registration of Appellations of Origin
Article 71. (1) International registration of appellations of origin is a registration effected by the International Bureau according to the procedure established by the Lisbon Agreement.
(2) The international registration of an appellation of origin wherein the Republic of Bulgaria is mentioned shall have the same effect as if the said appellation was directly applied for and registered in the Republic of Bulgaria. Such an appellation may not become a generic name so long as it enjoys protection in the country of origin.
(3) An international appellation of origin may be refused protection in the Republic of Bulgaria within the period provided for in the Lisbon Agreement.
International Registration of Bulgarian
Appellations of Origin
Article 72. (1) The scheduled user of a registered appellation of origin may file an application for international registration.
(2) Any such application shall be filed with the International Bureau care of the Patent Office.
(3) International registration fees shall be paid by the applicant to the International Bureau.
Chapter Four "A"
(New, SG No. 73/2006, effective on the day of entry
into force of the EU Treaty of Accession of the Republic of Bulgaria)

COMMUNITY TRADE MARK
Community Trade Mark Registration and Effect
Article 72a. (New, SG No. 73/2006) (1) A Community trade mark shall be a trade mark for goods or services which is registered in the Office for Harmonization in the Internal Market (trade marks and designs) under the conditions and by the procedure established by Council Regulation (EC) No. 40/94 on the Community trade mark, hereinafter referred to as "Regulation",
(2) The Community trade mark shall have effect on the territory of the Republic of Bulgaria and the proprietor thereof shall enjoy the rights pursuant to this Act.
(3) The Community trade mark shall be considered an earlier mark in the sense referred to in Article 12 (2).
(4) The Patent Office of the Republic of Bulgaria shall be the central industrial property office in the sense referred to in the Regulation.
(5) The President of the Patent Office shall issue a certificate of entry of representatives on industrial property before the Office for Harmonization in the Internal Market (trade marks and designs) and shall undertake the actions necessary to that end in pursuance to the requirements of the Regulation.
Application for a Community Trade Mark
Article 72b. (New, SG No. 73/2006) (1) The application for a Community trade mark shall comply with the requirements of Article 26 of the Regulation.
(2) The application for a Community trade mark shall be filed directly with the Office for Harmonization in the Internal Market (trade marks and designs) or through the patent Office.
(3) Where the application has been filed through the Patent Office it shall be accompanied with a document attesting to a paid fee for the forwarding thereof.
(4) The Patent Office shall affix a date of reception and shall forward the application to the Office for Harmonization in the Internal Market (trade marks and designs) within two weeks following the reception thereof.
Conversion of Community Trade Mark into National Application
Article 72c. (New, SG No. 73/2006) (1) The applicant for or proprietor of a Community trade mark may request the conversion of his Community trade mark application or Community trade mark into a national trade mark application in the Republic of Bulgaria under the conditions of Articles 108 - 110 of the Regulation.
(2) Where the request referred to in Paragraph (1) is permitted by the Office for Harmonization in the Internal Market (trade marks and designs) and has been forwarded to the Patent Office, the Patent Office shall consider it pursuant to this Act, providing that the applicant submits the following within two months following receipt of notification that the transformation has been allowed:
1. a translation of the documents in Bulgarian;
2. a representation of the trade mark;
3. a document attesting to paid fees for application and expert examination.
(3) The date of filing or the priority date of application for a Community trade mark shall be considered the date of filing of the application pursuant to Paragraph (10.
Protection of Community Trade Marks
Article 72d. (New, SG No. 73/2006) (1) Civil law protection in cases of infringement of rights to a Community trade mark shall follow the procedure provided in the Regulation.
(2) In case pursuant to the Regulation claims and actions related to the protection of a Community trade mark are filed and requested in the Republic of Bulgaria, Bulgarian legislation shall be applicable inasmuch as the Regulation does not otherwise provide.
(3) The claims referred to in Paragraph (2) shall fall within the jurisdiction of Sofia City Court and the Sofia Court of Appeal as a second instance, which shall be Community trade mark courts in the sense referred to by the Regulation.
Subsidiary Application of Decisions
Article 72e. (New, SG No. 73/2006) The provisions of the Regulation shall apply for any issues not provided under this Chapter.

Chapter Five
PROTECTION OF RIGHTS TO MARKS AND GEOGRAPHICAL INDICATIONS
Section I

Infringements
Infringement of Right to Registered Mark
Article 73. (1) Any use in the course of trade within the meaning given in Article 13 herein of a sign without the consent of the proprietor thereof shall constitute an infringement.
(2) The following shall likewise constitute an infringement:
1. the affixation of the mark to a material intended to be used for labelling or packaging, for business papers or for advertising of goods or services if the person who performs such acts knows or has reasonable ground to know that the said mark has been affixed without the consent of the proprietor thereof;
2. the manufacture of a means expressly intended or adapted for reproduction of the mark, or for the possession or for the stocking of such means, if the person who performs such acts knows or has reasonable ground to know that the said means serves or will serve for manufacture of goods or of a material referred to in Item 1 without the consent of the proprietor of the mark.
Infringement of Registered Geographical Indication
Article 74. (1) Any use of a registered geographical indication according to Article 53 (2) herein shall constitute an infringement.
(2) Any use of a registered geographical indication by a person not recorded as a user thereof shall likewise constitute an infringement.

Section II
Civil Law Protection

Right of Action
Article 75. (1) (Amended, SG No. 73/2006) The proprietor of a mark and the exclusive licensee shall have independent right of action for infringement.
(2) (Repealed, SG No. 73/2006) .
(3) A non-exclusive licensee may bring an action solely with the consent of the holder, unless otherwise provided for in the agreement.
(4) The right of action shall furthermore vest in any scheduled user of a registered geographical indication.
Actions for Infringement
Article 76. (1) The following actions may be brought for infringement of rights under this Act:
1. a declaratory action for establishment of the fact of the infringement;
2. an action for cessation of the infringement;
3. an action for damages.
4. (new, SG No. 73/2006) an action for seizure and destruction of the goods subject to the infringement, as well as the means for the perpetration thereof.
(2) (Amended, SG No. 73/2006) Concurrently with an action under Paragraph (1), the claimant may also claim by judicial procedure:
1. (amended, SG No. 73/2006) submission thereto of the goods subject to infringement;
2. (new, SG No. 73/2006) reimbursement of the costs incurred thereby related to the storage and destruction of the goods subject to infringement;
3. (renumbered from Item 2, amended, SG No. 73/2006) publication of the disposition of the court judgment in two daily newspapers and a viewing time of a television organization with national coverage determined by the court at the expense of the offender.
Determination of Compensation
Article 76a. (New, SG No. 43/2005, amended, SG No. 73/2006) (1) A compensation shall be due for all pecuniary and non-pecuniary damages sustained and all missed benefits that are direct and immediate consequence of the infringement
(2) In determining the amount of the compensation the court shall also take into consideration all circumstances related to the infringement, as well as the revenue received by the perpetrator as a result of the infringement.
(3) The court shall adjudge a fair compensation that shall have preventive and warning action on the perpetrator and on the other members of the public.
Special Cases of Indemnity
Article 76b. (New, SG No. 73/2006) (1) Where the claim is established upon reason but there are no sufficient data concerning the extent thereof the claimant may request in compensation:
1. from BGN 500 or exceeding that amount but not exceeding BGN 100,000, the concrete amount being at the discretion of the court under the conditions of Article 76a (2) and (3), or
2. the equivalent in retail prices of legally produced goods, identical or similar to the goods subject to the infringement.
(2) The revenue received as a result of the infringement shall also be taken into consideration at determining the compensation referred to in Paragraph (1).
Seizure of Goods Subject to Infringement
Article 76c. (New, SG No. 73/2006) Seizure of the goods referred to in Item 4 of Article 76 (1) subject to an infringement may be requested both in regard to goods found in a certain location and in regard to goods found in the retail network
Liability
Article 76d. (New, SG No. 73/2006) Legal persons and sole traders shall bear civil liability for the infringement of rights under this Act culpably perpetrated by the persons that represent them, employees thereof or persons recruited thereby. In this case the guilt shall be assumed until otherwise proven.
Provision of Evidence on Claims and Injunction Procedures
Article 76e. (New, SG No. 73/2006) (1) Where a claimant has submitted evidence in support of his claims but has also quoted other evidence of significance for the resolution of the case, which is under the control of the defendant, the court may, upon request of the claimant, obligate the defendant to submit this evidence.
(2) The court may, under the conditions of Paragraph (1) at the request of the claimant, obligate the defendant to provide an opportunity for acquaintance with bank, financial and commercial documents under the control thereof.
(3) The claimant shall be obligated not to broadcast the information in the documents referred to in Paragraph (2).
(4) The presentation of evidence for single or one-time use of a mark or geographical indication protected under this Act shall be accepted as sufficient grounds for application of the provisions of Paragraphs (1) and (2).
(5) The existence of the circumstances related to a claimed infringement may also be established by presentation of evidence for single or one-time unauthorised use of a mark or geographical indication protected under this Act.
Request for Information about Origin and Distribution
Networks in Case of Infringement
Article 76f. (New, SG No. 73/2006) (1) The court may, at the request of the claimant, obligate the defendant or a third person to provide information concerning circumstances that are of relevance for the resolution of the case.
(2) A third person as referred to in Paragraph (1) shall be any person that:
1. holds goods subject to an infringement, or
2. provides services leading to an infringement, or
3. uses services that constitute an infringement, or
4. has been quoted by a person referred to in Items 1 to 3 as a participant in the making, manufacture or distribution of these goods or services.
(3) The data referred to in Paragraph (1) may include:
1. the names and addresses of the producers, distributors, suppliers and other persons who were previously holders of the goods or services, as well as of the assumed wholesale and retail distributors;
2. data about the produced, supplied, received or ordered quantities, as well as about the revenue received from the said goods or services.
(4) The provision of Paragraph (1) shall not apply when the implementation thereof may lead to infringement of the provision of another act.
(5) The provisions of Paragraphs (1) and (3) shall be applied only to actions perpetrated for direct or indirect economic or commercial benefit.
Interim Measures
(Title amended, SG No. 59/2007)
Article 76g. (New, SG No. 73/2006) (1) (Amended, SG No. 59/2007) Upon infringement of the right to a mark or infringement of a registered geographical indication, or where there is sufficient information to believe that any such infringement will be committed or some evidence will be lost, destroyed or concealed, the court, acting at the request of the holder of the right or of the exclusive licensee, may furthermore admit one of the following injunctions without notifying the respondent party:
1. prohibition of performance of any acts which allegedly constitute or will constitute wrongful use of a mark or a geographical indication;
2. seizure of the goods which allegedly wrongfully bear a mark or geographical indication, as well as of other evidence of significance for establishment of the infringement;
3. recall of the material or means referred to in Article 73 (2) herein;
4. sealing of the premise wherein the infringement is allegedly committed or will be committed.
(2) (Amended, SG No. 59/2007) The admission, imposition and lifting of interim measures shall follow the procedure established by Article 389 through 403 of the Code of Civil Procedure, with the exception of Article 398 (2), sentence one, and inasmuch as this Act does not provide otherwise.
(3) (Amended, SG No. 59/2007) The interim measure consisting of a prohibition of performance of acts shall be imposed by means of communication of the said injunction by the court.
(4) (Amended, SG No. 59/2007) The interim measures referred to in Items 2, 3 and 4 of Paragraph (1) shall be imposed by enforcement agents who shall perform the act simultaneously with the service of a notice of imposition of the measure within three days after receipts of the request from the claimant application to the law enforcement agent. The interim measure admitted for prevention of a forthcoming infringement shall be imposed within a time limit conforming to the purpose of the said interim measure. Seized property shall be handed over for safekeeping by list to the claimant who may only use it as evidence.
(5) (Amended, SG No. 59/2007) The claimant or a representative thereof shall have the right to be present and to assist in the imposition of interim measures.
(6) (Amended, SG No. 59/2007) The interim measure referred to in Item 1 of Paragraph (1) may also be imposed in relation to third persons for whom there is sufficient evidence that they are conducive to the activity for which it is claimed that it constitutes or will constitute unlawful use.
(7) The proprietor of the respective right or the exclusive licensee shall be obligated not to broadcast the information that has come to his knowledge by or on the occasion of the measures referred to in Paragraph (1).
Cognizance
Article 77. (Amended, SG No. 30/2006, effective 1.03.2007, SG No. 73/2006, effective 13.07.2006) Any actions under this Act shall be cognizable in the Sofia City Court.

Section III
Border Controls

Grounds and Field of Application
Article 78. (1) (Amended, SG No. 43/2005, No. 73/2006) A proprietor of a mark, as well as an exclusive licensee may request the customs authorities to detain goods transported through the state border of the Republic of Bulgaria which can be reasonably suspected to violate a right protected by this Act.
(2) (Amended, SG No. 43/2005) The measures referred to in Paragraph (1) shall not be applied in respect of any goods which:
1. (repealed, SG No. 73/2006) ;
2. (repealed, SG No. 73/2006) ;
3. (amended, SG No. 73/2006) are carried for a non-commercial purpose as part of the luggage of passengers, providing they are in quantities determined for duty free import or export;
4. are perishable.
(3) (Amended, SG No. 43/2005) The customs authorities shall not detain any goods which do not bear a trademark which is identical with or similar to the trademark of the petitioner.
(4) (Repealed, SG No. 43/2005).
(5) (Amended, SG No. 43/2005) The provisions of Paragraphs (1) and (2) shall furthermore apply to the detention of any goods that unlawfully bear a registered geographical indication or an imitation thereof. Any scheduled user may submit a request for detention.
(6) (New, SG No. 73/2006) The provisions of this Section shall apply in relation to all goods presented before the customs authorities, regardless whether a customs regime has been put into action in relation to them.
Conditions for Application of Border Controls
Article 79. (Amended, SG No. 43/2005) (1) Border controls shall be applied acting on a request in writing by the holder of the right to a trademark or by the scheduled user of the geographical indication, as well as on the initiative of the customs authorities. Where the holder of the right to the trademark or the user of the geographical indication has residence or registered office outside Bulgaria, the said holder or user must state an address for service within the territory of the Republic of Bulgaria.
(2) The request referred to in Paragraph (1) must contain a detailed description of the goods. Any such request shall be accompanied by a copy of the certificate of registration of the mark or the geographical indication and a certificate attesting that the registration is effective, both documents having been issued by the Patent Office.
(3) The customs authorities shall collect fees at amounts fixed by the Council of Ministers for consideration of the request and for application of border controls.
(4) (Amended, SG No. 73/2006) Where they establish existence of the circumstances referred to in Article 78 (1) the customs authorities shall detain the goods. The goods shall be detained by a customs document issued by the competent customs authorities. These shall immediately advise the claimant, the sender and the recipient of the goods about the detention. The same persons shall be entitled to review the detained goods and to receive information thereabout.
(5) (Amended, SG No. 73/2006) In case within ten work days after having been notified pursuant to Paragraph (4) the claimant fails to present evidence of the initiation of a procedure before the respective court for resolution of the dispute in essence or that an injunction has been admitted, the customs authorities shall release the detained goods, providing that all requirements for the customs assignment have been met. The time limit may be extended by another ten work days upon the reasoned request of the applicant.
(6) (New, SG No. 73/2006) The competent authorities before whom the procedure referred to in Paragraph (5) has been launched shall adjudge on an appeal of the interested party whether the measures on detention should be confirmed, amended or revoked.
(7) (New, SG No. 73/2006) The refusal of the customs authorities to fulfil the request shall be liable to appeal before Sofia City Court under the procedure of the Administrative Procedure Code.
(8) (New, SG No. 73/2006) The customs authorities shall not be liable where, upon the control exercised thereby, they have been unable to identify the goods whose detention is requested, or for any actions taken thereby in good faith for detention of the said goods.
Actions at the Initiative of Customs Authorities
Article 79a. (New, SG No. 73/2006) (1) Customs may, at their own initiative or upon the request of another state authority, detain goods for which there is reason to believe that they infringe upon a right protected under this Act.
(2) In the cases referred to in Paragraph (1) the customs authorities shall immediately notify the persons pursuant to Article 79 (1), the sender and the recipient of the goods and shall give them the opportunity to inspect the detained goods. The customs authorities may request from the proprietors of rights any information for an expert examination.
(3) The decision referred to in Paragraph (1) shall be liable to appeal before Sofia City Court under the procedure of the Administrative Procedure Code.
(4) In case within ten work days after the goods have been detained a procedure before the respective court for resolution of the dispute in essence has not been initiated or there is no judgment of the court for admission of an injunction, the customs authorities shall release the detained goods, providing that all requirements for the customs assignment have been met.
(5) The customs authorities shall not be liable for the actions on the detention of the goods undertaken thereby in good faith.
Additional Regulation
Article 80. The procedure and manner for application of this Section shall be established by an ordinance of the Council of Ministers.
Implementing Council Regulation (EC) No. 1383/2003
Article 80a. (New, SG No. 73/2006, effective from the date of accession of the Republic of Bulgaria to the European Union) The provisions of this Section shall apply only in case and inasmuch as they do not contradict the provisions of Council Regulation (EC) No. 1383/2003 concerning customs action against goods found to have infringed rights protected under this Act.

Section IV
Administrative Penalty Provisions
Administrative Violations and Sanctions
Article 81. (Corrected, SG No. 82/1999, amended, SG No. 43/2005, No. 73/2006) (1) Any person, who uses in the trade referred to in Article 13 any goods or services bearing a sign that is identical with or similar to a registered mark without the consent of the proprietor of the said mark, shall be liable to a fine of BGN 500 or exceeding this amount but not exceeding BGN 1,500, and any such sole trader or legal person shall be liable to a pecuniary penalty of BGN 1,000 or exceeding this amount but not exceeding BGN 3,000.
(2) A repeated violation under Paragraph (1) shall be punishable by a fine of BGN 1,500 or exceeding this amount but not exceeding BGN 3,000 or, applicable to sole traders and legal persons, by a pecuniary penalty of BGN 3,000 or exceeding this amount but not exceeding BGN 5,000.
(3) "Repeated violation" means any violation which is committed within one year after the entry into effect of a penalty decree whereby the offender has been penalized for a violation of the same type.
(4) (Repealed, SG No. 73/2006).
(5) The goods referred to in Paragraph (1) shall be confiscated, regardless of the ownership thereof, and shall be delivered for destruction, and the proprietor of the mark or a person authorized thereby may be present at the destruction.
(6) (Repealed, SG No. 73/2006).
Ascertainment of Violations
Article 82. (New, SG No. 43/2005) (1) The violation shall be ascertained by a written statement which shall be drawn up by an official designated by an order of the President of the Patent Office, after conduct of an inspection with the cooperation of the authorities of the Ministry of Interior.
(2) An inspection shall not be conducted and administrative penalty proceedings shall not be instituted if proceedings under Article 25 or 26 herein are in progress.
Official's Powers
Article 83. (New, SG No. 43/2005) (1) The official referred to in Article 82 (1) herein shall have the right to:
1. require access to the facilities subject to control;
2. require the documents needed in connection with the inspections as implemented and take samples for expert evaluation.
(2) The official shall be obligated:
1. to record accurately and comprehensively the facts upon the inspection as conducted in the written statement of violation;
2. to safeguard any official, manufacturing and commercial secret as has come to the knowledge thereof in connection with the inspections conducted;
3. not to disclose any data obtained in the course of inspections;
4. to use the information obtained in the course of inspections solely for the purposes of the proceedings on the violation.
Duty to Cooperate
Article 84. (New, SG No. 43/2005) The persons whereat an inspection referred to in Article 82 herein is conducted shall be obligated:
1. to afford unobstructed access to the distributive trade establishments, warehouses and manufacturing facilities and premises inspected;
2. to provide the documents and evidence required by the official;
3. to preserve the goods left for safe-keeping;
4. to render cooperation to the officials in connection with the inspection as conducted.
Imposition of Administrative Sanctions
Article 85. (New, SG No. 43/2005) The penalty decrees shall be issued by the President of the Patent Office or by an official authorized thereby.
Implementation of Administrative Sanctions
Article 86. (New, SG No. 43/2005) (1) The sanctions of fine or pecuniary penalty shall be complied with voluntarily within seven days after entry into effect of the penalty decree whereby the said sanctions have been imposed, and the amount due shall be paid at the Cash Department or shall be credited to an account of the Patent Office.
(2) (Amended, SG No. 105/2005) Upon expiry of the time limit referred to in Paragraph (1), a copy of the penalty decree shall be transmitted to the State Receivables Collection Agency for coercive enforcement of the fine of pecuniary penalty as imposed according to the procedure established by the Tax and Social Insurance Procedure Code .
(3) Upon entry into effect of the penalty decree or the judgment of court, the goods confiscated shall be delivered for destruction to the authorities of the Ministry of Interior.
Administrative Penal Liability for Infringements of
Geographical Indication
Article 87. (New, SG No. 43/2005) The provisions of this Section shall furthermore apply in the cases of unlawful use of a registered geographical indication or an imitation thereof.
Application of Administrative Violations and Sanctions Act
Article 88. (New, SG No. 43/2005) Save insofar as otherwise provided for in this Section, the ascertainment of violations, the issuing, appeal against and execution of penalty decrees shall follow the procedure established by the Administrative Violations and Sanctions Act.

SUPPLEMENTARY PROVISIONS
(Title amended, SG No. 73/2006)
§ 1. Within the meaning given by this Act:
(1) "Person" shall be a natural or a legal person.
(2) "Local industrial property agent" shall be any person who is an agent within the meaning given by Article 3 of the Patents Act.
(3) (Amended, SG No. 43/2005, No. 73/2006) "Well-known mark" shall be a mark within the meaning given by Article 6 bis of the Paris Convention.
(4) "Paris Convention" shall be the Paris Convention for the Protection of Industrial Property, signed in Paris on 20 March 1883, as revised and amended.
(5) "Official or officially recognized exhibition" shall be an official or officially recognized exhibition within the meaning given by the Convention of 22 November 1928 relating to international exhibitions organized in States party to the Paris Convention.
(6) "International Classification" shall be the International Classification of Goods and Services for the Purposes of the Registration of Marks, established by the Nice Agreement of 15 June 1957, as revised and amended;
(7) (Amended, SG No. 43/2005) "Madrid Agreement" shall be the Madrid Agreement Concerning the International Registration of Marks, signed in Madrid on 14 April 1891, as revised and amended, ratified by Decree No. 4312 dated 3 December 1984.
(7a) (New, SG No. 43/2005) "Protocol" shall be the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, signed in Madrid on 27 June 1989, ratified by an Act of the Thirty-eighth National Assembly on 28 March 2001.
(8) "Lisbon Agreement" shall be the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration of 31 October 1958, as revised and amended, ratified by Decree No. 523 dated 11 March 1975.
(9) "Imitation of a mark" shall be a sign that does not differ materially from a registered mark.
(10) "Imitation of a geographical indication" shall be an indication that does not differ materially from a registered indication.
(11) "Improper use of a geographical indication" shall be unlawful use.
(12) (New, SG No. 73/2006) "Import or export of goods" shall be the actual transfer through the border of the Republic of Bulgaria of goods bearing a sign identical or similar to a registered mark or registered geographical indication, or the imitation thereof, regardless of whether a customs regime has been initiated in relation to these goods.
§ 1a. (New, SG No. 73/2006) The provisions of this Act applicable to the European Union member-states shall also be applicable to the other states in the European economic space.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. (1) This Act shall furthermore also to any applications for registration of marks and appellations of origin whereon no decision on registration, refusal or expungement has been made at the time of entry of this Act into force.
(2) Any pending applications under Article 17 of the Trademarks and Industrial Designs Act shall be considered according to the hitherto effective procedure.
(3) Any rights under Article 9 of the Trademarks and Industrial Designs Act may be applied for within one year after the entry of this Act into force at the request of the interested parties.
§ 3. Any appellations of origin, registered under the Trademarks and Industrial Designs Act, shall be re registered under this Act within two years after the entry of this Act into force.
§ 4. This Act shall supersede Sections I, III, IV and V of the Trademarks and Industrial Designs Act (promulgated in the State Gazette No. 95 of 1967; amended and supplemented in No. 55 of 1975, No. 56 of 1986 and No. 27of 1993).
§ 5. The following amendments shall be made in the Commerce Act (promulgated in the State Gazette No. 48 of 1991; amended and supplemented in No. 25 of 1992, Nos. 61 and 103 of 1993, No. 63 of 1994, No. 63 of 1995,Nos. 42, 59, 83, 86 and 104 of 1996, Nos. 58, 100 and 124 of 1997, Nos. 52 and 70 of 1998, Nos. 33, 42 and 64 of 1999):
(1) In Article 587 (1), the word "trademark" shall be replaced by "mark", and "topology of an integrated circuit" shall be inserted after "mark";
(2) Article 588 shall be repealed;
(3) In the heading and in Article 594 (1) and (2), the word "trademark" shall be replaced by "mark".
§ 6. In the Penal Code (promulgated in the State Gazette No. 26 of 1968; corrected, No. 29 of 1968; amended and supplemented in No. 92 of 1969, Nos.26 and 27 of 1973, No. 89 of 1974, No. 95 of 1975, No. 3 of 1977, No. 54 of1978, No. 89 of 1979, No. 28 of 1982; corrected in No. 31 of 1982; amended and supplemented in No. 44 of 1984, Nos. 41 and 79 of 1985; corrected in No. 80 of 1985; amended and supplemented in No. 89 of 1986; corrected in No. 90 of 1986; amended in Nos. 37, 91 and 99 of 1989, Nos. 10, 31 and 81 of 1990, Nos. 1 and 86 of 1991; corrected in No. 90 of 1991; amended and supplemented in No. 105 of 1991, No. 54 of 1992, No. 10 of 1993, No. 50 of 1995; (modified by) Constitutional Court Judgment No. 19 of 1995, (promulgated in the State Gazette) No. 97 of 1995; amended and supplemented in No. 102 of 1995, No. 107 of 1996, No. 62 of 1997, No. 85 of 1997; (modified by) Constitutional Court Judgment No. 19 of 1997, (promulgated in the State Gazette) No. 120 of 1998; amended and supplemented in Nos. 83, 85, 132, 133 and 153 of 1998, Nos. 7 and 51 of 1999), Article 227 shall be amended to read as follows:
"Article 227. Any person, who uses a mark, an industrial design or a topology of integrated circuits in the course of trade without the consent of the holder, shall be punished by deprivation of liberty of a maximum term of three years or by a fine of a maximum amount of BGN 5,000."
§ 7. In Article 12 (3) of the Protection of New Plant Varieties and Animal Breeds Act (promulgated in the State Gazette No. 84 of 1996; amended in No.27 of 1998), the terms "trademark, appellation of origin" shall be replaced by "mark, geographical indication".
§ 8. In Article 33 (2) of the Protection of Competition Act (promulgated in the State Gazette No. 52 of 1998; (modified by) Constitutional Court Judgment No. 22 of 1998, (promulgated in) No. 112 of 1998, the word "trademark" shall be replaced by "marks."
§ 9. In Item 12 (a) of § 1 of the (Supplementary Provision of the) Radio and Television Act (promulgated in the State Gazette No. 138 of 1998; (modified by Constitutional Court Judgment No. 10 of 1999, (promulgated in) No. 60 of 1999), "the trademark" is replaced by "marks."
§ 10. In Item 2 of Article 19 (2) of the Accountancy Act (Promulgated 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), the words "company and trade marks" shall be replaced by "marks".
§ 11. In Item 18 of § 1 of the Physical Education and Sports Act (promulgated in the State Gazette No. 58 of 1996; (modified by) Constitutional Court Judgment No. 8 of 1997, (promulgated in) No. 53 of 1997; amended in No. 124 of 1998, No. 51/1999), the word "trademark" shall be replaced by "mark".
§ 12. Littera (k) of Article 4 of the Stamp Duty Act (promulgated in the Transactions of the Presidium of the National Assembly No. 104 of 1951; amended and supplemented in No. 89 of 1959, No. 21 of 1960; State Gazette No. 53 of 1973, No. 87 of 1974, No. 21 of 1975, No. 21 of 1990, No. 55 of 1991, No. 100 of 1992, Nos. 69 and 87 of 1995, Nos. 37, 100 and 104 of 1996, No. 82 and 86 of 1997, No. 133 of 1998) shall be amended to read as follows:
"(k) for the grant of patents for inventions and utility models, for the issuance of certificates for new plant varieties and animal breeds, for registration, renewal, transfer and other such of marks and industrial designs, for registration and other such of geographical indications and topographies of integrated circuits."
§ 13. In Item 8 of § 1 of the (Supplementary Provisions) of the Corporate Income Tax Act (promulgated in the State Gazette No. 115 of 1997; corrected in No. 19 of 1998; amended and supplemented in Nos. 21 and 153 of 1998, Nos. 12, 50 and 51 of 1999), the word "trademark" shall be replaced by "mark".
§ 14. In Article 31 (1) of the Cooperatives Act (promulgated in the State Gazette No. 63 of 1991; amended and supplemented in Nos. 34 and 55 of 1992,No. 63 of 1994, Nos. 59 and 103 of 1996, No. 52 of 1997, No. 52 of 1998) , the words "trademarks" shall be replaced by "marks".
§ 15. The Council of Ministers shall adopt ordinances on the filing, drafting and examination of applications for registration of marks and geographical indications, as well as establishing a procedures and manner for application of border controls and the rate schedule for the fees covered under Article 4 herein.
§ 16. This Act shall enter into force three months after the promulgation thereof in the State Gazette.
§ 17. The implementation of this Act shall be entrusted to the President of the Patent Office.
Act to Amend and Supplement the Marks and Geographical Indications Act
(Promulgated, SG No. 43/2005, effective 21.08.2005, amended
SG No. 96/2006, effective 1.01.2007)
TRANSITIONAL AND FINAL PROVISIONS
§ 43. Any application for registration of a mark, which is not be examined as to form prior to the entry of this Act into force, shall be published in accordance with Article 36a [of the Marks and Geographical Indications Act].
§ 44. Any petitions for revocation of registration, which are submitted prior to the entry of this Act into force, shall be considered in accordance with this Act.
§ 45. (Repealed, SG No. 96/2006) .
§ 46. This Act shall enter into force three months after the promulgation thereof in the State Gazette.
TRANSITIONAL AND FINAL PROVISIONS
of the Administrative Procedure Code
(SG, No. 30/2006, effective 12.07.2006)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 76. The Marks and Geographical Indications Act (Promulgated, State Gazette No. 81/1999, corrected, SG No. 82/1999, amended SG No. 28/2005, amended and supplemented, SG No. 43/2005, amended, SG No. 94/2005, SG No. 105/2005) shall be amended as follows:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Everywhere in the act the words "the Administrative Procedure Act" shall be replaced by "the Administrative Procedure Code".
TRANSITIONAL AND FINAL PROVISIONS
to the Act to Amend and Supplement the
Marks and Geographical Indications Act
(SG No. 73/2006, effective 6.10.2006)
§ 26. (Effective from the date of accession of the Republic of Bulgaria to the European Union) (1) Community trade marks that are valid by the date of accession of the Republic of Bulgaria to the European Union, as well as the applications for Community trade marks filed by the said date, shall be valid on the territory of the Republic of Bulgaria as of this date.
(2) A registration of a Community trade mark that has been declared prior to the date of accession may not be refused on the basis of any absolute grounds in the sense referred to in Article 7 (1) of the Regulation, providing that the application of these grounds is solely due to the fact of accession.
(3) Notice of opposition to the application for registration of a Community trade mark, submitted within a period of six months prior to the date of accession, may be given pursuant to Article 42 of the Regulation in case the earlier mark or the earlier right in the sense referred to in Article 8 of the Regulation have existed in the Republic of Bulgaria prior to the date of accession and providing these have been acquired in good faith.
(4) A Community trade mark may not be expunged in case:
1. the grounds thereof in the sense referred to in Article 51 of the Regulation are due solely to the fact of accession of the Republic of Bulgaria, or
2. the earlier national right in the sense referred to in Article 52 (1) and (2) of the Regulation has been registered, applied for or acquired in the Republic of Bulgaria prior to the date of accession thereof.
(5) Use of a Community trade mark under the conditions provided by Articles 106 and 107 of the Regulation may be prohibited by a claim filed before the court referred to in Article 72d (3) in case the earlier mark has been registered or applied for prior to the date of accession, or the earlier right has been acquired therein prior to this date.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 28. This Act shall enter into force one month after its promulgation in the State Gazette with the exception of § 7, § 12, § 21 and § 26, which shall enter into force on the date of accession of the Republic of Bulgaria to the European Union, as well as of § 17, which shall enter into force on July 13, 2006.

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