Publ. in State Gazette No. 81/ 14.09.1999, amended No. 82/17.09.1999; amended No. 28/01.04.2005, amended No. 43/20.05.2005, amended No. 94/25.11.2005, amended No. 105/29.12.2005, amended No. 30/11.04.2006, amended No. 73/05.09.2006; amended, No. 59/20 July 2007
Subject Matter
Art. 1. This Law governs the conditions and procedures for the registration of marks and geographical indications, the rights arising therefrom and the protection of those rights.
Field of Application
Art. 2. (1) The provisions of this Law shall apply to Bulgarian natural persons and legal entities and to foreign natural persons and legal entities from States party to international treaties to which the Republic of Bulgaria is also party.
(2) With regard to foreign natural persons and legal entities from other countries, this Law shall apply on the basis of reciprocity at the discretion of the Patent Office.
Representation
Art. 3. (1) Any person having the right under this Law to conduct business with the Patent Office may do so either in person or through a local industrial property agent.
(2) (amended -State Gazette No. 43/2005, in force since 21.08.2005) Those persons provided for in paragraph (1) who have no residence or headquarters in the Republic of Bulgaria shall conduct business with the Patent Office through a local industrial property agent.
Art. 4. (suppl. -State Gazette No. 43/2005, in force since 21.08.2005, amended – State Gazette No. 73/2006, in force since 06.10.2006) The Patent Office shall collect fees for: filing of applications; priority; registration; issue of certificates; acceleration of examination as to substance; renewal of registration; entries; correction of errors; appeals against rejections, revocation and invalidation; extension of time limits; publications of the application, registration and entries; filing of applications for international registration; forwarding of Community trademark applications; requests to determine whether a mark is well-known or with a reputation; publication of a mention about a mark being determined as well-known or having a reputation; information on marks or geographical indications filed for registration; enquiries and extracts from the State registers, under a tariff approved by the Council of Ministers.
Art. 5. The State Register of marks shall be kept by the Patent Office and shall contain data on all mark registrations and all subsequent entries relating thereto.
Art. 5a. (new -State Gazette No. 73/2006, in force since 06.10.2006) The Patent Office shall keep a Register where entries shall be made of all marks determined as well-known or having a reputation in the territory of the Republic of Bulgaria.
Art. 6. The State Register of Geographical Indications shall be kept by the Patent Office and shall contain data on all registrations of geographical indications, entries pertaining to users and all subsequent changes relating thereto.
Art. 7. (suppl. -State Gazette No. 73/2006, in force since 06.10.2006) The State Registers provided for in Articles 5, 5a and 6 shall be public. Any person may request information or an extract therefrom.
Art. 8. (1) The Patent Office shall keep a file on every mark or geographical indication, which shall consist of all the registration documents and subsequent entries.
SECTION I -REGISTRATION
Definition
Art. 9. (1) Marks are signs that are 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 goods or of their packaging, a combination of colours, sound signals or any combination of such elements.
(2) A mark may be a trademark, a service mark, a collective mark or a certification mark.
Art. 10. (1) The rights in a mark shall be acquired by registration as of the filing date of the application.
Art. 11. (1) The following shall not be registered:
(iii) (suppl. -State Gazette No. 43/2005, in force since 21.08.2005) marks which consist exclusively of signs or indications that have become customary in the current language or in the established practices of the trade in the Republic of Bulgaria with respect to the goods or services filed for registration;
(vii) marks which may deceive the consumers as to the nature, quality or geographical origin of the goods or services;
(viii) (amended -State Gazette No. 43/2005, in force since 21.08.2005) marks which consist of or include escutcheons, flags or other emblems of States party to the Paris Convention, or imitations thereof, as well as escutcheons, flags or other emblems or the full or abbreviated official names of international intergovernmental organizations;
Art. 12. (1) A mark shall not be registered:
(iii) if it consists of a geographical designation or derivatives thereof.
Rights Conferred by a Mark
Art. 13. (1) The right in a mark shall comprise the right of its holder to use it and dispose of it, and to prevent third parties not having his consent from using in the course of trade:
(iii) (amended -State Gazette No. 43/2005, in force since 21.08.2005) any sign which is identical with or similar to the mark in relation to goods or services which are not identical with or similar to those for which the mark is registered, where the earlier mark has a reputation in the territory of the Republic of Bulgaria and where use of that sign without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier mark.
Art. 14. A mark shall not entitle the proprietor to prohibit a third party from using the following in the course of trade, provided that such use is not contrary to the honest practices of the trade:
(iii) the mark where it is necessary to indicate the intended purpose of the goods or services, in particular as accessories or spare parts.
Art. 15. (1) (amended – State Gazette No. 73/2006, in force since the date of Accession of the Republic of Bulgaria to the European Union) A mark shall not entitle the proprietor to prohibit its use in relation to goods or services which have been put on the market in the territory of the European Union member states, respectively of the European Economic Area, under that mark by the proprietor or with his consent.
(2) Paragraph (1) shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialization of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.
Art. 16. (1) A mark may be held by two or more person.
(2) Each holder may use the mark without the consent of the other holders and without accounting to them for that use, unless otherwise agreed in writing.
Art. 17. When using the mark, the proprietor may indicate that it is registered by putting a circled letter R alongside it.
Art. 18. If the reproduction of a mark in dictionaries, encyclopaedia or other reference works gives the impression that the mark constitutes the generic name of the goods or services for which it is registered, its proprietor may oblige the publisher of the reference work in question to indicate, at the latest in the next edition of the publication, that the mark is a registered mark.
Art. 19. (1) If, within a period of five years following registration, the proprietor has not put the mark to genuine use on the territory of the Republic of Bulgaria in connection with the goods or services in respect of which it is registered, or if such use has been suspended for an uninterrupted period of five years, the registration may be revoked, unless there are legitimate reasons for non-use.
Art. 20. (1) Marks shall be registered for a period of ten years following the filing date of the application.
(2) Registration may be renewed, in accordance with Article 39, for an unlimited number of further ten-year periods.
Transfer of the Right in a Mark
Art. 21. (1) A mark may be transferred, independently of any corporate transfer, in respect of all or some of the goods or services for which it is registered.
License Agreement
Art. 22. (1) The proprietor of a mark may permit the use of his mark in respect of all or some of the goods or services for which it is registered in all or part of the territory of the Republic of Bulgaria by means of a written license agreement.
Art. 22a. (New -State Gazette No. 43/2005, in force since 21.08.2005) (1) The rights in a mark may be an object of security in a lodged or future claim. At the request of the claimant and without notifying the defendant, the court may allow some of the following security measures as well:
The Rights in a Mark as an Object of Registered Pledge
Art. 22c. (New -State Gazette No. 43/2005, in force since 21.08.2005) (1) The rights in a mark shall be incorporated into the bankrupts estate in bankruptcy proceedings against the proprietor.
(2) The fact of the mark being incorporated in the bankrupts estate shall be recorded in the State Register of Marks at the request of one of the parties to the proceedings
and shall be published in the Official Bulletin of the Patent Office.
REGISTRATION
Art. 23. (1) The validity of a registration shall lapse on:
(iii) final liquidation of the legal entity holding the registration where there is no transfer.
Art. 23a. (New -State Gazette No. 43/2005, in force since 21.08.2005) (1) The registration of a mark incorporating a registered geographical indication shall lapse on:
Art. 24. (1) The proprietor of a mark may surrender the mark in respect of all or some of the goods or services for which it is registered by means of a written declaration filed with the Patent Office.
Revocation of Registration
(iii) the use of the mark by the proprietor or by another person authorized by him in respect of the goods or services for which it is registered is made so that users are misled as to the nature, quality or geographical origin of the goods or services.
registration shall be revoked in respect of those goods or services only.
Art. 26. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) Any person may request invalidation of the registration of a mark where it has been registered in violation of the provisions of Articles 2 and 11.
Art. 27. (1) Where the proprietor of an earlier mark within the meaning of Article 12(2) has acquiesced for a period of five successive years in the use of a later mark despite being aware of that use, he shall not be entitled to invoke his earlier mark to request invalidation of the later mark or oppose its use in respect of the goods or services for which it has been used unless registration of the later mark was applied for in bad faith.
shall not be entitled to oppose the use of the earlier mark, while the proprietor of the earlier mark may not invoke his right to request invalidation of the later mark.
Art. 28. (1) Revocation of a registration under Article 25(1)(i) shall be effective as of the beginning of the five-year period of non-use.
Collective Marks
Art. 29. (1) (supplemented -State Gazette No. 43/2005, in force since 21.08.2005) Collective marks are marks held by an association of producers, traders or service providers, the association being a legal entity. They serve to distinguish the goods or services of the association members from the goods or services of other persons.
Certification Marks
Certification marks attest the material, manner of manufacture, quality or other characteristics of the goods or services produced or offered with the consent and under the supervision of the proprietor of the mark.
Art. 31. (1) The proprietor of a collective or certification mark shall provide the Patent Office with the rules for its use and with information on any changes made to those rules. Such changes shall be effective as of the date on which they are communicated to the Patent Office.
Application
Art. 32. (1) Applications for the registration of marks shall be filed with the Patent Office.
Art. 33. (1) The filing date of an application shall be the date on which documents containing the information specified in Article 32(3) and (4) are received at the Patent Office.
(2) Where the documents are filed in a language other than Bulgarian, the filing date shall not change in so far as a Bulgarian translation thereof is filed within a period of three months following that date.
Art. 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 of the date of filing of the application with the Patent Office within the meaning of Article 33(1).
(iii) priority is claimed within two months from the filing date of the application with a mention of the date of display and the country in which the exhibition was held;
(iv) within three months following the filing date of the application, the applicant pays the prescribed priority fee and submits a document issued by the exhibition officials certifying the date of display of the goods or services bearing the mark applied for.
Art. 35. The claim of a colour or a combination of colours shall be granted if filed together with the application.
Art. 36. (1) Every application shall be subjected to examination for compliance with the provisions of Article 33 concerning the assignment of a filing date. In the event of non-compliance with the said provision, the documents received shall be returned to the applicant.
Publication of the Application
Applications that meet the formal requirements shall be published in the Official Bulletin of the Patent Office. The publication shall be effected within one month following the end of the examination referred to in Article 36, and shall comprise the incoming number, the filing date or the priority date, as appropriate, data identifying the applicant, the kind and a representation of the mark, the claim of a colour or colours, the classes and the list of the goods and services it is applied for.
(iii) the proceedings are discontinued according to Article 36(5);
(iv) before the preparations for the publication are over, but no later than four months following the filing date, an application for international registration of the same mark is filed for the purpose of enjoying a Convention priority.
Art. 36b. (new -State Gazette No. 43/2005, in force since 21.08.2005) (1) Within a period of two months following the publication date of the application, any person may file an objection against the registration of the mark on the ground of Articles 11 and 12.
Art. 37. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) Any application shall be subjected to examination as to substance within one year following expiry of the term referred to in Article 36b(1), regardless of whether there is an objection lodged.
Art. 37a. (new -State Gazette No. 43/2005, in force since 21.08.2005) (1) The proceedings in the application shall be terminated at the request of the applicant, where a request was filed for the revocation, invalidation or lapse under Article 23(1)(iii) of the registration of the opposed earlier mark.
Art. 38. (1) Until a decision is taken on the application, the applicant may withdraw it or restrict the list of goods or services in respect of which the mark is applied for.
Art. 39. (1) A registration shall be renewed at the request of the proprietor of the mark, the request being accompanied by a document certifying payment of the prescribed fee.
Art. 40. (1) The proprietor of a mark shall notify the Patent Office of any change in his name or address within three months after the change occurs.
Art. 41. (1) No changes shall be made in the mark during the term of validity of the registration or on the renewal thereof.
(2) Where the mark includes the name or address of the proprietor, any change therein may be made at the request of the proprietor, provided that such changes do not materially affect the mark as registered.
Consideration of Disputes Art. 42. (1) The Disputes Department shall consider:
(iii) requests for revocation of the registration under Article 25;
(iv) requests for invalidation of the registration under Article 26.
Art. 43. (1) Appeals shall be filed within three months following the date of notification of the decision.
Art. 44. (1) An appeal shall be accompanied by a statement of grounds, and it shall contain data identifying the appellant and the application.
Art. 44a. (new -State Gazette No. 43/2005) Appeals shall be examined as to whether the term under Art. 43(1) is observed and whether the document certifying payment of fees under Art. 44(3) is furnished.
Ruling on Appeals
Art. 45. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005)
Where an appeal is found to be groundless, the President of the Patent Office shall render a decision confirming the decision to refuse registration or the decision to terminate the proceedings.
Art. 46. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) A copy of the request shall be sent to the proprietor of the mark, who shall be allowed three months within which to respond and, where the request is made under Article 25(1)(i), to furnish evidence of using the mark in the territory of the Republic of Bulgaria.
Where the request is unfounded, the President of the Patent Office shall take the decision to reject it.
(5) (former paragraph 3 -State Gazette No. 43/2005, in force since 21.08.2005)
Where the request is well-founded, the President of the Patent Office shall take the decision to revoke or invalidate the registration of the mark either wholly or in part.
(6) (former paragraph 4 -State Gazette No. 43/2005, in force since 21.08.2005)
In cases of partial revocation or invalidation of the registration, the registration certificate issued shall be replaced by a new one.
(7) (new -State Gazette No. 43/2005, in force since 21.08.2005) The decisions on revocation or invalidation requests shall be taken within three months after the process of collecting evidence and materials under paragraph (3) is over.
Suspension of proceedings
Art. 46a. (1) (new -State Gazette No. 43/2005, in force since 21.08.2005) The proceedings in an appeal shall be suspended if, in connection therewith, a request is lodged for invalidation or revocation of the earlier registration.
Extension of Periods
Art. 47. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) The periods referred to in Articles 36(3), 37(2) and 46(1) may be extended, at the request of the applicant or the proprietor filed prior to the expiry thereof, by three months, but no more than once. An extension request shall not be granted if not accompanied by a document certifying payment of the prescribed fee.
Renewal of Periods
Art. 48. The applicant or the proprietor may request renewal of periods exceeded owing to exceptional, unforeseen circumstances. The request shall be filed within three months on elimination of the circumstances that caused the period to be exceeded, but no later than one year following the expiry of the period exceeded. Decisions to renew periods shall be taken by the President of the Patent Office.
Publication in the Official Bulletin of the Patent Office
Art. 49. (suppl. – State Gazette No. 73/2006, in force since 06.10.2006) The Patent Office shall effect publication in its Official Bulletin of all registrations of marks, well-known marks and marks enjoying a reputation, as well as all subsequent entries pertaining thereto within three months at the latest following their recording in the State Register of Marks.
Review by Court
Art. 50. (1) (amended – State Gazette No. 30/2006, in force since 01.03.2007) Decisions under Article 45(1) and Article 46 may be appealed against before the Sofia Administrative Court within three months following notification thereof.
(2) (amended – State Gazette No. 30/2006, in force since 12.07.2006) Cases of refusal to effect entry in the State registers or renew registration may be appealed against as provided in the Law on Administrative Procedures.
SECTION VII – Well-Known Marks and Marks With a Reputation (new – State Gazette No. 73/2006, in force since 06.10.2006)
Determining of a Mark as a Well-Known Mark or a Mark With a Reputation
Art. 50a (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) The following shall be taken into account when determining whether the mark is a well-known mark or a mark with a reputation:
(iii) duration, extent and geographical area of public representation of the mark, including advertising, making public and displaying at fairs and/or exhibitions of the goods and/or services in relation to which the mark is used;
(2) A mark shall be determined as a well-known mark or mark with a reputation by:
Procedure at the Patent Office of Determining a Mark as a Well-Known Mark or a Mark With a Reputation in the Territory of the Republic of Bulgaria
Art. 50b (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) A mark shall be determined as a well-known mark or a mark with a reputation at the request of the proprietor against payment of the prescribed fee and furnishing of written evidence.
Chapter III -GEOGRAPHICAL INDICATIONS
SECTION I -REGISTRATION
Definition
Art. 51. (1) Geographical indications mean appellations of origin or indications of source.
Grounds for Refusal of Registration
Art. 52. A name shall not be registered as a geographical indication if:
(iii) it is identical with a geographical indication or mark registered earlier for identical goods;
(iv) It is identical or similar to a geographical indication or mark registered earlier for identical or similar goods, where users are liable to be misled.
Legal Protection
Art. 53. (1) Geographical indications shall be granted legal protection through registration with the Patent Office.
Right to File an Application
Art. 54. (1) The right to file an application shall belong to any person who carries on his production activity in the geographical locality indicated, provided that the goods he produces conform to the properties or peculiarities concerned.
(2) The borders of the geographical locality and the properties or peculiarities of the goods, and also the relationship between those properties or peculiarities and the geographical environment or geographical origin, shall be defined or established by the central authority concerned by order of the head thereof.
Right of the User
Art. 55. (1) A registered geographical indication may be used only by the person registered as the user thereof.
(2) The registered user may use the geographical indication only in respect of the goods for which it is registered. He may affix it to the goods or their packaging or use it in advertising material, business papers concerning the goods and other material.
Termination of Legal Protection
Art. 56. The legal protection of a registered geographical indication shall be terminated where the relationship between the properties or peculiarities of the goods and the geographical environment no longer exists.
Invalidation of Registration
Art. 57. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) Any legally interested person may request invalidation of a registered geographical indication where:
(i). it is established by an enforceable court order, that the registration has been carried out in violation of Article 51(2) and (3) or Article 52(i).
(ii) the registration has been carried out in violation of Article 52(ii), (iii) and (iv).
(2) The registration of a foreign geographical indication shall be declared invalid following invalidation thereof in the country of origin.
Cancellation of User Entry
Art. 58. The entry concerning a user may be cancelled at the request of any registered user where it is established in appeal procedures that the user is using the geographical indication for other goods, or that the goods produced by him do no possess the properties or peculiarities concerned.
Legal Effects or Invalidation and Cancellation
Art. 59. (1) The invalidation of a registration shall take effect on the filing date of the application.
SECTION II -PROCEEDINGS BEFORE THE PATENT OFFICE
Filing of Applications
Art. 60. (1) Applications for the registration of geographical indications shall be filed with the Patent Office.
Examination as to the Form
Art. 61. (1) Every application shall be subjected to examination for compliance with the provisions of Article 60. In case of deficiencies, the applicant shall be allowed three months within which to remedy them.
(2) If the applicant fails to remedy the deficiencies within the period provided for in paragraph (1), the proceedings shall be discontinued.
Examination as to Substance
Art. 62. (1) An application meeting the requirements as to proper form shall be subjected to examination as to substance within 18 months.
Entry of a User of a Geographical Indication
Art. 63. (1) Any person entitled to file applications may file an application for entry as a user of a registered geographical indication.
Proceedings Before the Disputes Department
Art. 64. (1) The Disputes Department shall consider:
(iii) (new -State Gazette No. 43/2005, in force since 21.08.2005) requests for invalidation under Article 52(ii), (iii) and (iv).
Ruling on Appeals and Requests
(amended title -State Gazette No. 43/2005, in force since 21.08.2005)
Art. 65. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005)
Where an appeal is found to be groundless, the President of the Patent Office shall take a decision to confirm the decision for refusal of registration.
Extension and Renewal of Periods
Art. 66. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) The periods referred to in Articles 61(2), 62(2) and 63(5) may be extended by three months at the request of the applicant filed prior to the expiry thereof, but no more than once. An extension request shall not be granted if not accompanied by a
document certifying payment of the prescribed fee.
(2) The applicant or the user may request renewal of periods exceeded owing to exceptional, unforeseen circumstances. The request shall be filed within three months on elimination of the circumstances that caused the period to be exceeded, but no later than one year following the expiry of the period exceeded. Decisions to renew periods shall be taken by the President of the Patent Office.
Publication in the Official Bulletin
Art. 67. The Patent Office shall effect publication in its Official Bulletin of all geographical indication registrations and subsequent changes thereto.
Review by Court
Art. 68. (supplemented -State Gazette No. 43/2005, in force since 21.08.2005; amended – State Gazette No. 30/2006, in force since 01.03.2007) Decision referred to in Article 65(1), (4) and (5) may be appealed before the Sofia Administrative Court within three months following notification thereof.
Chapter IV -INTERNATIONAL REGISTRATION
International Registration of Marks
Art. 69. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005)
International registration of marks is a registration carried out by the International Bureau of the World Intellectual Property Organization, hereinafter referred to as "the International Bureau", under the provisions of the Madrid Agreement and the Protocol.
International Registration of National Marks
Art. 70. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005) Any Bulgarian natural person or legal entity with a permanent address or actual commercial activity in the Republic of Bulgaria, who is the proprietor of a mark registered under this Law, may apply for the international registration of that mark.
International Registration of Appellations of Origin
Art. 71. (1) International registration of appellations of origin is a registration carried out by the International Bureau under the Lisbon Agreement.
International Registration of Bulgarian Appellations of Origin
Art. 72. (1) The recorded user of a registered appellation of origin may file an application for international registration.
CHAPTER IVa – COMMUNITY MARK (new, State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union)
Registration and Effects of Community Marks
Art. 72a (new, State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union) (1) Community marks are marks registered with the Office for Harmonization in the Internal Market (Trade Marks and Designs) in accordance with the procedure and conditions laid down in Council Regulation 40/94/EC on the Community trade mark, hereinafter referred to as "the Regulation”.
Community Mark Application
Art. 72b (new, State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union) (1) A Community mark application shall satisfy the requirements of Article 26 of the Regulation.
Conversion of a Community Mark Into a National Application
Art. 72c (new, State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union) (1) The applicant for or proprietor of a Community mark may request the conversion of his Community mark application or Community mark into a national mark application for registration in the Republic of Bulgaria, subject to the provisions of Articles 108 to 110 of the Regulation.
Protection of Community Marks
Art. 72d (new -State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union) (1) Civil law protection in cases of infringement of rights in Community marks shall be effected in accordance with the procedure laid down in the Regulation.
Subsidiary Implementation of Decisions
Art. 72e (new – State Gazette No. 73/2006, in force as of the date of accession of the Republic of Bulgaria to the European Union) The provisions of the Regulation shall apply to issues that are not governed by this Chapter.
CHAPTER V -PROTECTION OF RIGHTS IN MARKS AND GEOGRAPHICAL INDICATIONS
Section I -Infringements
Infringement of Registered Marks
Art. 73. (1) Any person who, in his business activity, uses a sign as provided in Article 13 without the consent of the proprietor thereof shall be regarded as an infringer.
(2) The following shall likewise constitute an infringement:
Infringement of Registered Geographical Indications
Art. 74. (1) Any use of a registered geographical indication provided for in Article 53(2) shall constitute an infringement.
(2) Any use of a registered geographical indication by a person who is not recorded as a user thereof shall likewise constitute an infringement.
Section II -Protection Under Civil Law
Right to Bring Action Art. 75. (1) (amended – State Gazette No. 73/2006, in force since 06.10.2006)
The proprietor of a mark and the licensee of an exclusive license shall have the autonomous right to bring an infringement action.
Infringement Actions
Art. 76. (1) Infringement actions under this Law may relate to:
(iii) compensation for damages suffered;
(iv) (new – State Gazette No. 73/2006, in force since 06.10.2006) seizure and destruction of the infringing products, as well as of the means with which the infringement was carried out.
(2) (amended – State Gazette No. 73/2006, in force since 06.10.2006) Along with the action under paragraph (1), the claimant may likewise request through the court that:
(iii) (former item (ii), amended – State Gazette No. 73/2006, in force since 06.10.2006) the operative part of the court decision be announced, at the expense of the infringer, in two daily publications and during emission time of a national range TV organization as determined by the court.
Determination of Compensation (title amended – State Gazette No. 73/2006, in force since 06.10.2006)
Art. 76a (new-State Gazette No. 43/2005, in force since 21.08.2005; amended – State Gazette No. 73/2006, in force since 06.10.2006) (1) Compensation is due for all material and non-material damages suffered and profits lost, which are a direct and proximate consequence of the infringement.
Special Cases of Compensation
Art. 76b (new– State Gazette No. 73/2006, in force since 06.10.2006) (1) Where an action is well founded, but there is no sufficient information as to its amount, the claimant may request the following compensation:
(2) When determining the compensation referred to in paragraph (1), the profits shall also be taken into account that the infringement has brought.
Seizure of Infringing Products
Art. 76c (new – State Gazette No. 73/2006, in force since 06.10.2006) Seizure of infringing products under Article 76(1)(iv) may be requested both with regard to articles at concrete premises or articles in the commercial network.
Responsibility
Art. 76d (new – State Gazette No. 73/2006, in force since 06.10.2006) Legal persons and one-man businesses shall bear civil responsibility for any infringement of rights under this Law culpably committed by persons representing them or their employees or persons hired by them. In such case, guilt shall be assumed until the contrary is proved.
Procurement of Evidence in Claim and Security Proceedings
Art. 76e (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) Where the claimant has furnished evidence to sustain his claims, and has indicated still other evidence, which is of importance for solving the case but is under the defendant’s control, the claimant may request from the court to oblige the defendant to present such evidence.
Request of Information as to the Origin and Distribution Networks in Cases of Infringement
Art. 76f (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) The claimant may request that the court obliges the defendant or a third party to furnish information on circumstances that are of importance for solving the case.
Provisional Remedies (title amended -State Gazette No. 59/2007, in force since 01.03.2008)
Art. 76g (new -State Gazette No. 73/2006, in force since 06.10.2006) (1)
(amended -State Gazette No. 59/2007, in force since 01.03.2008) Where the right in a mark or registered geographical indication is infringed or there is good reason to believe that such an infringement will be made or some evidence will be lost, destroyed or suppressed, the holder of the right or the licensee of an exclusive license may request that the court allows some of the following provisional remedies as well, without notifying the other party thereof:
(iii) seizure of the material or means referred to in Article 73(2);
(iv) sealing of the premises where the infringement is or will be made, as contended.
Jurisdiction
Art. 77. (Amended – State Gazette No. 30/2006, in force since 01.03.2007; amended – State Gazette No. 73/2006, in force since 13.07.2006) All actions under this Law shall fall within the jurisdiction of the Sofia City Court.
Section III -Border Controls
Grounds and Field of Application
Art. 78. (1) (amended -State Gazette No. 43/2005, in force since 21.08.2005; amended – State Gazette No. 73/2006, in force since 06.10.2006) The holder of the right in a mark or the licensee of an exclusive license may request that the customs officials detain goods carried through the border of the Republic of Bulgaria, for which there is good reason to believe that they are infringing a right protected under this Law.
Border Control Application Terms
(title amended -State Gazette No. 43/2005, in force since 21.08.2005)
Art. 79. (amended -State Gazette No. 43/2005 in force since 21.08.2005) (1)
Border controls shall be applied on the basis of a written request from the proprietor of the trade mark or the registered user of the geographical indication, as well as on the initiative of the customs officials. Where the residence or headquarters of the proprietor of the mark or the geographical indication user is abroad, he shall give an address for service on the territory of the Republic of Bulgaria.
control, the articles for which detention is requested, as well as for their detention acts performed in good faith.
Actions on the Initiative of the Customs Authorities
Art. 79a (new – State Gazette No. 73/2006, in force since 06.10.2006) (1) The customs officials may, on their own initiative or at the request of another state agency, detain goods for which there is good reason to believe that they are infringing a right protected under this Law.
Additional Regulation
Art. 80. The procedures and manner of application of this Section shall be specified in an ordinance of the Council of Ministers.
Application of Council Regulation 1383/2003/EC
Art. 80a (new – State Gazette No. 73/2006, in force since the date of accession of the Republic of Bulgaria to the European Union) The provisions of this Section shall apply only to the extent that they do not contradict the provisions of Council Regulation 1383/2003/EC concerning the actions of the customs officials against goods that are found to infringe rights protected under this Law.
Section IV
Administrative Violations and Penalties
(title amended -State Gazette No. 43/2005, in force since 21.08.2005)
Art. 81. (amended -State Gazette No. 43/2005 in force since 21.08.2005) (1) (amended – State Gazette No. 73/2006, in force since 06.10.2006) A fine of 500 to 1,500 leva shall be imposed on any person who uses in the course of trade, within the meaning of Article 13, goods or services bearing a sign that is identical with or similar to a registered mark without the consent of the proprietor thereof, and a property sanction of 1,000 to 3,000 leva shall be imposed on one-man businesses or legal entities.
Establishment of Infringements
Art. 82. (new -State Gazette No. 43/2005, in force since 21.08.2005) (1)
Infringements shall be established by a statement of infringement drawn up by an official as appointed by the President of the Patent Office, following an inspection conducted together with the Ministry of the Interior.
(2) No inspection shall be conducted and no administrative penal proceedings shall be instituted in the case of proceedings under Articles 25 or 26 that have already started.
Powers of the Official
Art. 83. (new -State Gazette No. 43/2005, in force since 21.08.2005) (1) The official referred to in Article 82(1) shall be entitled to:
(2) The official shall be obliged to:
(iii) keep all inspection information in secret;
(iv) use the inspection information for the purposes of the infringement proceedings only.
Obligation to Assist
Art. 84. (new -State Gazette No. 43/2005, in force since 21.08.2005) The persons where the inspection under Article 82 is conducted shall be obliged to:
(iii) keep the articles deposited for safe keeping;
(iv) provide assistance to the officials in connection with the inspection.
Infliction of Administrative Sanctions
Art. 85. (new -State Gazette No. 43/2005, in force since 21.08.2005) Penal injunctions shall be issued by the President of the Patent Office or by an official authorized by him.
Execution of Administrative Sanctions
Art. 86. (new -State Gazette No. 43/2005, in force since 21.08.2005) (1) The voluntary execution of fines or property sanctions shall be carried out within seven days following entry into effect of the penal injunction they were imposed by, and the respective amount of money shall be paid in the pay room of the Patent Office or shall be remitted to its account.
Administrative Penal Liability for Geographical Indication Infringements
Art. 87. (new -State Gazette No. 43/2005, in force since 21.08.2005) The provisions of this Section shall apply also to cases of unlawful use of a registered geographical indication or an imitation thereof.
Application of the Law on Administrative Violations and Penalties Art. 88. (new -State Gazette No. 43/2005, in force since 21.08.2005)
Infringements shall be established and penal injunctions shall be issued, appealed and executed in accordance with the provisions of the Law on Administrative Violations and Penalties, unless otherwise provided for in this Section.
ADDITIONAL PROVISIONS
§ 1. For the purposes of this Law:
§ 1a. (new -State Gazette No. 73/2006, in force since 06.10.2006) The provisions of this Law that apply to the European Union member States shall apply also to the other States in the European Economic Area.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. (1) This Law shall apply also to applications for the registration of marks and appellations of origin that are still awaiting decisions on the registration, rejection or invalidation thereof on the entry into force of this Law.
§ 3. Appellations of origin registered under the Law on Trademarks and Industrial Designs shall be re-registered under this Law within two years of its entry into force.
§ 4. This Law shall prevail over Sections I, III, IV and V of the Law on Trademarks and Industrial Designs (publ. in State Gazette No. 95/1967; amendments in Nos. 55/1975, 56/1986 and 27/1993).
§ 5. The following changes are made in the Commercial Law (publ. in State Gazette No. 48/1991; amend. in No. 25/1992, Nos. 61,103/1993, No. 63/1994, No. 63/1995, Nos. 42, 59, 83, 86, 104/1996, Nos. 58, 100, 124/1997, Nos. 52, 70/1998, Nos. 33, 42, 64/1999):
§ 6. In the Criminal Code (publ. in State Gazette No. 26/1968, rev. in No. 29/1968; amend. in No. 92/1969, Nos. 26, 27/1973, No. 89/1974, No. 95/1975, No. 3/1977, No. 54/1978, No. 89/1979, No. 28/1982; rev. in No. 31/1982; amend. in No. 44/1984, Nos. 41, 79/1985; rev. in No. 80/1985; amend. in No. 89/1986; rev. in No. 90/1986; amend. in Nos. 37, 91, 99/1989, Nos. 10, 31, 81/1990, Nos. 1, 86/1991; rev. in No. 90/1991; amend. in No. 105/1991, No. 54/1992, No. 10/1993, No. 50/1995, No. 97/1995 -Decision No. 19/1995 of the Constitutional Court; amend. in No. 102/1995, No. 107/1996, Nos. 62, 85/1997; No. 120/1997 -Decision No. 19/1997 of the Constitutional court; amend. in Nos. 83, 85, 132, 133, 153/1998, Nos. 7, 51/1999), Art. 227 shall read as follows:
"Art. 227. Any person using in trade a mark, industrial design or layout design of integrated circuits without the consent of the proprietor thereof shall be sentenced to three years of imprisonment, or a fine of up to five thousand leva shall be imposed on him."
§ 7. In Article 12(3) of the Law on the Protection of New Plant Varieties and Animal Breeds (publ. in State Gazette No. 84/1996; rev. in No. 27/1998), the terms "trademark, appellation of origin" are replaced by "mark, geographical indication."
§ 8. In Article 33(2) of the Law on the Protection of Competition (publ. in State Gazette No. 52/1998; No. 112/1998 -Decision No. 22/1998 of the Constitutional Court), "trademark" is replaced by "marks."
§ 9. In § 1, item 12(1) of the Radio and Television Law (publ. in State Gazette No. 138/1998; No. 60/1999 -Decision No. 10/1999 of the Constitutional Court), "the trademark" is replaced by "marks."
§ 10. In Article 19(2)(ii) of the Accountancy Law (publ. in State gazette No. 4/1991; amend. in No. 26/1992, No. 55/1993, Nos. 21, 33, 59/1996, No. 52/1997, No. 21/1998, No. 57/1999), "company and trade marks" is replaced by "marks."
§ 11. In § 1, item 18 of the Law on Physical Education and Sports (publ. in State Gazette No. 58/1996; No. 53/1997 -Decision No. 8/1997 of the Constitutional Court; rev. in No. 124/1998, No. 51/1999), "trademark" is replaced by "mark."
§ 12. Article 4(l) of the State Taxes Law (publ. in Izvestia No. 104/1951; amend. in No. 89/1959, No. 21/1960; State Gazette No. 53/1973, No. 87/1974, No. 21/1975, No. 21/1990, No. 55/1991, No. 100/1992, Nos. 69, 87/1995, Nos. 37, 100, 104/1996, Nos. 82, 86/1997, No. 133/1998) shall be amended as follows:
"(l) For the grant of patents for inventions and utility models, for the issue of certificates for new plant varieties and animal breeds, for the registration, renewal, assignment, among other things, of marks and industrial designs, for the registration, among other things, of geographical indications and layout designs of integrated circuits."
§ 13. In § 1, item 8 of the Corporate Income Tax Law (publ. in State Gazette No. 115/1997; rev. in No. 19/1998; amend. in Nos. 21, 153/1998, Nos. 12, 50 51/1999), "trademark" is replaced by "mark."
§ 14. In Article 31(1) of the Cooperatives Law (publ. in State Gazette No. 63/1991; amend. in Nos. 34, 55/1992, No. 63/1994, Nos. 59, 103/1996, No. 52/1997, No. 52/1998), "trademarks" is replaced by "marks."
§ 15. The Council of Ministers shall adopt Instructions for the filing, drafting and examination of applications for the registration of marks and geographical indications, as well as for the procedures and manner of enforcement of border controls and the tariff of fees referred to in Article 4.
§ 16. This Law shall enter into force three months after its publication in the State Gazette.
§ 17. The implementation of this Law is assigned to the President of the Patent Office.
The Law was passed by the XXXVIII National Assembly on 1 September 1999, and the official seal of the National Assembly was put to it.
Transitional and Final Provisions of the LAW ON THE AMENDMENT OF THE LAW ON MARKS AND GEOGRAPHICAL INDICATIONS (publ. in State Gazette No. 43/2005, in force since 21.08.2005)
§ 43. Applications for the registration of marks for which no formal examination has been carried out until entry into effect of this Law shall be published in correspondence with Article 36a.
§ 44. Requests for revocation of registrations filed prior to the date of entry into force of this Law shall be treated in accordance with this Law.
§ 45. The Minister of Agriculture and Forestry shall issue a regulation specifying the conditions and manner of filing with the Ministry of Agriculture and Forestry of records from a group of producers for entering thereof in the European Register of Protected Geographical Indications for agricultural and food products and exercising control for correspondence between the agricultural and food products and the protected geographical indications.
§ 46. This Law shall enter into force three months after its publication in the State Gazette.
Transitional and Final Provisions of the TOURISM LAW (publ. in State Gazette No. 94/2005, in force since 25.11.2005)
§ 88. This Law shall enter into force on the day of its publication in the State Gazette.
Transitional and Final Provisions of the TAX PROCEDURE CODE (publ. in State Gazette No. 105/2005, in force since 01.01.2006)
§ 88 The Code shall enter into force on 1 January 2006, except for Article 179(3); Article 183(9); § 10, item 1(e) and item 4(c); § 11, item 1(b); and § 14, item 12 of the Transitional and Final Provisions, which shall come into effect as of the day on which the Code is published in the State Gazette.
Transitional and Final Provisions of the CODE OF ADMINISTRATIVE PROCEDURE (publ. in State Gazette No. 30/2006, in force since 12.07.2006)
§ 76 The following amendments shall be made in the Law on Marks and Geographical Indications (publ. In State Gazette No. 81/1999; amended No. 82/1999; amended Nos. 28, 43, 94 and 105/2005):
4. The words “Law of Administrative Procedure” shall be replaced by “Code of Administrative Procedure”.
§ 142 The Code shall enter into force three months after its publication in the State Gazette, except for:
Transitional and Final Provisions of the
LAW ON THE AMENDMENT OF THE LAW ON MARKS AND GEOGRAPHICAL INDICATIONS
(publ. in State Gazette No. 73/2006, in force since 06.10.2006)
§ 26. (in force since the date of accession of the Republic of Bulgaria to the European Union) (1) Community marks having effect on the date of accession of the Republic of Bulgaria to the European Union, as well as Community mark applications filed prior to that date, shall take effect in the territory of the Republic of Bulgaria on that date.
(5) The use of a Community mark under the conditions of Articles 106 and 107 of the Regulation may be prohibited by way of filing an appeal before the court under Article 72d(3), provided that the earlier mark had been registered or applied for registration prior to the accession date, or the earlier right had been acquired in it prior to that date.
§ 28. This Law shall enter into force one month after its publication in the State Gazette, except for § 7, § 12, § 21 and § 26, which shall come into effect on the date of accession of the Republic of Bulgaria to the European Union, and § 17, which shall come into effect on 13 July 2006.
Transitional and Final Provisions of the
LAW ON THE APPLICATION OF THE COMMON ORGANIZATIONS OF MARKETS FOR AGRICULTURAL PRODUCTS OF THE EUROPEAN UNION
(publ. in State Gazette No. 96/2006, in force since 01.01.2007)
§ 12. The Law shall enter into force on 1 January 2007, except for § 7, which shall come into effect as of the day on which it is published in the State Gazette.
Transitional and Final Provisions of the
CODE OF CIVIL PROCEDURE
(publ. in State Gazette No. 96/2006, in force since 01.01.2007)
§ 61. The Code shall take effect on 1 March 2008, except for:
Relevant Acts of the European Law
DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 April 2004 on the Enforcement of Intellectual Property Rights
FIRST DIRECTIVE OF THE COUNCIL of 21 December 1988, to Approximate the Laws of the Member States Relating to Trade Marks
COUNCIL REGULATION (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods
REGULATION (EEC) No. 2380 /74 OF THE COUNCIL of 17 September 1974 adopting provisions for the dissemination of information relating to research programmes for the European Economic Community
COUNCIL REGULATION (EC) No 40/94 of 20 December 1993 on the Community trade mark
REGULATION (EC) No. 1383/2003 OF THE COUNCIL of 22 July 2003 concerning customs actions against action suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights.