ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce IP/N/1/BGR/1/1 
11 mars 1998 
(98-0990) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A 
LA PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Bulgarie 
Le présent document contient le texte1 de la Loi sur les marques et les dessins ou modèles 
industriels, publiée au Journal officiel n· 95/5 décembre 1967, n· 56/18juillet 1986, n' 27/2 avril 1993, 
notifiée par la Bulgarie au titre de l'article 63:2 de !'Accord (voir le document IP/N/l/BGR/1, qui 
sera distribué en temps utile). 
1 Anglais seulement. IP/NIlIBGRlII 1 
Page 2 
Unofficial translation 
Law on Trademarks and Industrial Designs 
Pub!. State Gazette No.'95/5 December 1967. 
No.56/18 July '1986. No.27/2 April 1993 
Article 1 
This Law "governs the establishment, use. assignment, termination and protection 
of rights in tra.demarks. service marks. industrial designs and appellations of 
origin. 
I. Trad-emarks and Service Marks 
General Provisions 
Article 2 
Trademarks and service marks are the signs by which enterprises . 
. 
organizations and persons designate the goods they manufacture or supply or 
the services they perform. so 25 to distinguish them from goods or services of 
the same kind offered by other enterprises. organizations or persons. 
A trademark may a!so designate goods intended to be incorporated as 
an integral part. element or detail of another finished product. irrespective of the 
fact that there is a separate trademark for such product as a whole. 
Article 3 
Trademarks and service marks may consist of words or images. and 
they may be graphic. in relief. sonorous or combined. 
Article 4 
No registration or use 2S a trademark may be made of signs which: 
(a) are already in common use to designate goods of a certain type; 
(b) have no distinguishing' characteristics or are of a descripfive nature; 
(c) do not diHer substantially from marks already registered'if'! the 
country by other enterprises or organizations in respect of identical or similar 
goods; 
(d) are already known in the country as marks of world-wide fame; 
(e) consist exlusively or partially of armoriall bearings. flags. signs or 
emblems of stale international or intergov~r~mental organizations, or of their . 
abbreviations. without the consent of the organizations concerned; IP/NIlIBGRJI/l 
Page 3 
(f) consist of official signs indicating control and warranty or signs of 
quality, or resemble such signs; 
(g) are identical with or simitat 'to international signs of quality; 
(II) reproduce wholly or in part the effigy or the. name of a head of State; 
(i) contain untrue information; 
Ul are contrary to public interest and social morality. 
Article 5 
Enterprises, organizations or pets'ons, both Bulgarian and foreign, may 
registEr one mark fOlail of thEir goods or Services or different marks for separate 
kinds of goods or services. 
Article 6 
Two or more enterprises m2nufacturing goods of the same type may 
jointly register 2nd possess in common a trademark 2pplied to such goods. 
Article 7 
Atate economic trusts and cooper2tive unions m2y register their own 
trademarks. 
Article 8 
Coml1lE~cial enterprises, organizations end companies may register 
theor own trademarks and 2pply them to the'~bods of their trade in place of the 
mark of the producing EntErprises, or along with the mark of thE producing 
enterprises, with the agreement of the latter. 
Article 9 
Enterprises, organizations or persons using a non-registered mark to 
designate the goods they manufacture or sell ("prior users") may object to an 
application for the registration of a mark by a third party if this mark does not 
diffEr substantially from their own mark. In such cases, the "prior user" shall be 
given three months to file an application for the registration of the mark he 
employs. If he does not meet this time-limit, actIon shall be taken, in accordance 
with the prescribed procedure. on the application filed by the third party for the 
registration of a mark. IP/N/lIBGRfI/l 
Page 4 
The "prior user" may request cancellation of any mark not substantially 
different from his own mark, If such mark was registered after he started using it. 
If his request for cancellation is granted, 'the "prio(user" shall be obliged to apply 
for the registration of his own mark within three months of the decision 
pronouncing cancellation. If he does not meet this time-limit, the cancellation of 
the second mark shall be null and void, and ownership in the mark shall revert to 
the enterprise, organization or person having registered the mark. 
Article 1 0 
A mark not substantially different from a mark in which rights have 
expired may be regis:ered only aner three years have elapsed from the date oT 
such expiry. 
Registration and Priority 
Article 11 
Tradema~ks and Service marks shall be recorded in a SPecial register 2t 
the Institute of Inventions and Rationalizations. 
For each reg:siration of a mark, an application shall be filed by the 
interes:ed party or by his attorney_ 
Article 12 
The application shall contain: 
(a) the name and address of the enterprise, organization or person 
2pplying for the reg:stra'Lion of the trademark, Bulgarian enterprises being 
obliged to SPecify the higher organiz2tion on which they are dependent; 
(b) inforrTiation relating to the activity of the enterprise, organization or 
firm applying for the registration; 
(c) a full list of the goods or services to which the mark is to be applied, 
wiih an indication of their class according to the Classification of Gobds and 
Services for the purposes of the Registration of Marks; 
(d) the wording of the mark and its description, togeiher with a graphic 
representation thereoT. 
The application shall be accompanied by documents concerning the title 
and documents certifying payment of a state registration fee and a fee for 
publication of the registration. IP/N/I/BGRlIIl 
Page 5 
Foreign applicants shall also be obliged to attach to their applicatio!\s a 
document attesting to the legal existence of the enterprise and stating its activity. 
Article 13 
An application for the registration of a mark containing the information 
prescribed in the first paragraph of Article 12 shall entitle the applicant to a right 
of priority with regard to applications filed subSequently and pert2ining to a mark 
not substantially different. 
Article 14 
Applicants from countr:es members of the Ur,ion for the Protection of 
Indus~rial Property, and applicants from countries outs:de trle Union having real 
2nd effEctive commerci21 or industri21 enterprises in tr.e territory of one of the 
countries of the Union sh2i1 enjoy a right of priority on tt-,e b2s:s of thE 2pplication 
m2de in the res;Jective country of the Union in 2ccorda:lce with its domestic 12w. 
The 2pplic2nt may 2'1a11 himse:f cf the right of priority for 2 period of six 
months from the d2te of filing of the first 2pplic2tion. 
p..n 2ppiicant who wishes to c:'ic.il himsE:f of the right of prioriry shc.!1 fiie c. 
request to that effEct with the Institute of Inventions and Rationalizations. 
indicating the d2te of his first 2.pplic2:icn 2.nd'the coumry v/nere such applic2tion 
W2.S fiied. 
Within three months of thE fiiirig of his reques,. the 2.pplicant 5;'2.:1 be 
obliged to prove his right of priority by producing 2. ccpy of tr.s first 2.ppiicaticn, 
duly Certified by the competent 2.uthority of the cour,t:-y msmcef of tr.E Union for 
the Protection of Industrial Property. 
Article 15 
The applicant shall have a right of priority wrlen exhibiting the mc.rk at an 
official or officiaily recognized internationc.1 exhibition in the country or in a 
country of the Union. The right of priority sh2.11 be deemed to exisras from the 
date of the exhibition of the mak and shall be recognized if, within-one month 
from the end of the exhibition, an application for the rEgistration of the mark is 
filEd, together with a document attesting to the participation in the exhibition. IP/N/l/BGRfl/l 
Page 6 
Article 16 
Where the required documents are not attached to the application for the 
registration of the mark, the Institute of Inventions and Rationalizations shall 
accept the application but shall notify the applicant that he must produce the 
missing documents within three months of ·receipt of the notification. 
If the applicant fails to comply with these provisions, the application shall 
be rejected. 
Article 17 
Where two or more epplicetior.s a:-e filed for the regist,2tion of fTlarks not 
subs:entially different from each other and a;Jpi;ej to identical or similar goods. 
the reg:stration sha!1 be effected in the neme of U",e applicant who first cegen 
unin:errupted use oT his mark. In case of controversy, the date of first use sr.a:: 
be esteblisr,ed by a coult judgement or by arbitra:ion. 
If none of the applicants c:aim prior use of the mark, registration shal: be 
effe:::::ed in respee: of the mark first eppJied for. 
Article 18 
If the application is in order, the Institute of Inventions and 
Rationelizations she!! register the mark, within three months of the date of filing of 
the eppiication, in the r.ame of the epplicant end shall enter the mark into the 
Reg:ster of Traderr.erks or the Register of Service Marks. 
A seperete certificate shall be issued for eeeh registretion of a merk. 
Article 19 
Registration of a trademerk or a service fTlark shall confer the right to the 
exclusive use thereof as from the date of filing of the application with the Institute 
of Inventions and Rationalizations. This right shall be granted for a term of ten 
years. 
The term provided for in the preceding paragraph may be extended for 
subsequent periods of ten years each. 
Article 20 
The request for extension onhe term of protection of the mark shall be 
filed during the last year of validity of the term, or not later than six months after 
its expiry. In the latter case, the amount of the fee payable shall be increased. IP/NI 1 IBGRlII 1 
Page 7 
The extended term of protection of the mark shall run from the date on 
which the previous term expires. 
The extended term of protection of the mark shall be recorded in the 
Register. 
Article 21 
A mark may be registered in the event that one enterprise is taken over 
by another or when enterprises merge together. 
In the event that an enterprise is divided or transfers a part of its activity 
to another enterprise, questions concerning the uSe of trle mark shall be Settled 
by the documerit establishing the division or transfer of activity. 
The right to uSe a mark may be transferred or assigned, baSed on a 
special licenSE agreement, to another enterprise, organization or person. The 
liCense shall be required, in using the mark, to ensure the same quality of goods 
manufactured or Services performed. 
Termination and Cancellation 
Article 22 
The right to protEction of the mark shail terminatE: 
a) at thE expiry of tr.E term provided for in ArtiCle 19; 
b) upon finalliquic:ia:ion of the enterprise, and 
c) upon renunciation by the o'tlner. 
Article 23 
The registration of the mark shall be cance!led at the request of an 
interested party or ex officio by the Institute of Inventions and Rationaliza~ions, if: 
a) it becomes evident that the registration was effected in violetion of the 
lew; 
b) the mcrk has not been used, or has not been offered for use through 
2.dvertisements in the press, for a period of five years. IP/NI liB GRill 1 
Page 8 
II. Industrial Designs 
Nature 
Article 24 
An industrial design may be any new external rendering of a product, 
consisting in the part:::u!arity of the form, design, ornaments, combination of 
colors, and the like, that cen be achieved through industrial processes. 
A slight change in the particularities mentioned in the preceding 
paragraph, or any oiGer insignificant change not obvious at first sight, shell not 
be cor.sidered a r1ew industrial design. 
Applications and Priority 
Article 25 
Applicatior.s for the registration of indl1s,rial desigr;s shall be fiied with tr,e 
Ins:itute of Invemio,.s and Rationalizations in the name of the enterprize, 
organization or person wishing to introduce the design. 
enti~; The appiica:ion shall contain: 
(a) the r,a;-r:;::: and cddress of the applic:::nt; 
(b) the denomination of the industrial design; 
(c) a description of the design; 
(d) the a~thor of the design -physical person, collective body or legal 
(e) drawings, photographs, or other illl1s,rative material, suitable for 
reproduction by stereotype. 
The application shall be accompanied by documen~s concerning the title 
and certifying the payment of the State registration fee and the fee for publication 
of the registration. 
A single application shall not contain more than 50 varietieS of the 
industrial design concerned. 
Articie 26 
The application shall contain an estimation of the usefulness and 
industrial applicabiiity of the industrial design, as well as information as to 
whether or not it was created in connection with the official activity of the author. Article 27 IP/NI1 IBGRlII1 
Page 9 
Where the application for the registration of an industrial design does not 
satisfy the requirements prescribed in Artic!e 25, the Institute of Inventions and 
Rationalizations shall accept the application but nQtify the applicant that he must 
remove the defects within three months of receipt of the notification. 
If the applicant fails to do so within the prescribed period of time, the 
application shall be rejected. 
Article 28 
Industrial designs shal! be registered following examination as to the:r 
novelty in the country. 
No industria! des:gn shall be registered which: 
(a) dces not differ substar,tial!y from o~her incius~rial designs already 
registered in the country; 
(b) has a!ready been used in the country; 
(c) is known in the country through publications; 
(d) was displayed at exhibitions prior to the fiiing of the application and 
the provisions of Article 15 of this Law were not compiied with. 
Article 29 
If the appiication !s in orce:, the Institute of Inventions and 
Rationalizations sha!! register the cesign within three months in the Regis~er of 
Industrial Designs. 
Registration of an industria! design shall confer the right to the exclusive 
use thereof as from the date of fiiing of the apPlication with the Institute of 
Inventions and Rationa!izations. This right shall be grc:nted for a term of fiVe 
years. 
Article 30 
The' Institute of Inventions and Rationalizations shall issue a Certificate, 
a.ttesting to the exclusive right to use the industrial design, in the na.me of the 
enterprise, organization or person, and also including the name of the author. IP/N/lIBGRlIIl 
Page 10 
Article 31 
Authors of industrial designs may file their applications with the Institute 
of Inventions and Ration2.lizations directly by observing the provisions of Article 
25. 
In such cases, the certificate permitting the use of the industrial design 
shall be issued in the naiTle of the applicant. 
Article 32 
The depcsi:or of an industri2.1 desig'n shaii be entitied to the right of 
priority provided 70r in AiLicies 13, 14 and 15 of th:s Law, subject to compliance 
with tr:e conditions pr:?scribed therein. 
If the sub;e:: r.,a:cer of the eppl!cation is ~~ered, the priority shall be 
rec::::gnized 2.S fro iT! ,;-::? cate of filing of the amenced application. 
Cessa~ion of Rights in Industrial Desig~s 
Article 33 
Enterprises. orga,'liza:ions and persons having obtained rights to the 
exci~sive use of ind~s:r;al designs, as well as foreign holders of Certificates for 
ind\..!s:rial designs, r.:=! assign to their enterpises, for valuable ccnsideretion or 
gratuitously, their r:gri:s to the use of such indus~rial designs. 
Article 34 
If it is in the p'..:~!ic interest that the industrial design should be put to use 
end the holder of trle cen:ificete does not consent to do so, the St2.te Committee 
for Researches and Technologies may, on the ba.s:s of a duly motivated request, 
authorize the grant of a compulsory licenSe. Such a request must be 
accompanied by a document issued by the competent authority and attesting to 
the necessity of the license. 
Remuneration 
Article 35 
An author of an industrial d~sign accepted for use shall be entitled to 
remuneration under the conditions and to the extent determined by the Council 
of Ministers, provided that the design was not createq in perfqrmance of his 
service obligations. IP IN 11IBGR/I/1 
Page 11 
Should this remuneration not.be paid within the time limit appointed,the 
author shall have the right to a forfeit at the rate of 0.05% per day on the amount 
due to him. 
Termination and Cancellation 
Article 36 
Any registration of industrial designs may be terminated or canceled in 
accQrdance with the provisions of Articles 22 and 23. 
Article 37 
The registration of an industria! design m2.y be canceled at the request Gf 
any person viho establishes, through legal proceedings or by arbitration, that. 
prior to the f:iing of the application for registrction, he wcs already using the 
industrial design independently of the depositor or hcd undertaken preparaticr;s 
with a vie'!'1 to making use of the deSign as a "prior uSer". 
Suc:-, action may be brought within two years c·f .the date of registraticn 
of the industric! design. 
III. Appellations of Origin 
Article 38 
An appe!lation of' origin of a product is the geogr2.phical name of the 
country, region or locality which serves to designate a product originating 
therein, the c~cracteristics or qualities of which are due exclusively or essent:c;ly 
to the geogr2.phical environment, including natural factors and the traditions of 
production cf the place. 
Article 39 
For each registration of an appellation of origin, a separate application 
shall be filed with the Institute of.lnventions and Rationalizations. 
The application shall contain: 
(a) the name and address of the applicant; 
(b) information reiating to the activity of the applicant; 
(c) a list of the products to which the appellation of origin is to be applied 
with an indication of their class according to the Classification of Goods and 
Services for the Purposes of the Registration of Marks;' 
(d) the,actual designation of the appellation of origin; IP IN I liB GRill 1 
Page 12 
(e) the country, region or locality where the products indicated are 
produced. 
The application shall be accompanied by 'documents concerning the 
denomination and attesting to the payment of the State registration fee and the 
fe~ for publication of the registration, 
Foreign enterprises and firms shall also attach to their applicatior.s a 
document attesting to the filing of an application of origin in the country of origin. 
Article 40 
Where the required documents are not attached to the application, the 
Institute of Inventions and Rationaliza~ions shall accept the application bu~ sha!! 
notify the applicant tha: he must remove the defects within three momt"'.s of 
receipt of the notification. 
If the applicant fans to do so within the period of time prescribed in the 
preceding paragraph, the application sha!1 be rejected, 
Article 41 
If the application is in order, the Institute of Inventions and 
Rationalizations sha!1 re;;;ster the appellation of'origin within three mO:lths in the 
special Register of Appe!lations of Origin, 
A certificat:;; p:;;rmitting trle uSe of the appellation of origin sr,::11 be iss'Je::i 
to the applicant 
Article 42 
Appellations of origin may be registered by any enterprise, organization 
or person engaged in en economic activity at a given place, provided that the 
qualitative characteristics of the products manufactured or sold correspond to 
the specific features characterizing the appellation of origin. 
Articte 43 
An appellation of origin shall enjoy protection against any unlawful use or 
deceptive indication, eVen if the true origin of the product is indicated on the 
product itself or the appellation is used in translated form or accompanied by 
terms such as "kind", ''type'', "make":and the like. Article 44 IP/NI 1 IBGRlII 1 
Page 13 
Trademarks comprising also an appellation of origin may only be 
registered in cases where the right to the use of such appe!lation is justified. 
Article 45 
Registered Bulgarian appellations of origin shall be canceled if the 
business activity of all enterprises, organizations or persons using such 
2ppellations has been discentinued. 
Registrations of fore:gn appe!12tions of origin shail be canceled if they 
have been eanceied in the country of origin. 
IV. General Provisions 
Article 46 
All entries in thE-P,egistE-;s cf Trademarks, ServiCE Marks, Indus,ria! 
Designs and Ap!=eilaticns of Origin sh211 be published in the Official GazE-tte of 
the Institute of Inventions and h2tion2iiz2tions. 
ChangeS in o'tlriership or in the use of marks or ir,dus:riai designs shall 
be made knO'.'vn to the I;;s(,ute of Inventions and R2tiona:izaticns within three 
months for purposes of er,tering sucn changes in the 2!=propriate registers. 
Article 47 
A fee, thE-amour,t cf which shail be est2blished in the Administr2tive Tariff 
in accordance wi"(h the Lawen State Fees, shall be payccie in adv2nce for the 
registration of traciE-m2rks, sE-rvice mcrks, industricl designs and 2ppe!ia,ions of 
origin, for the e~ension cf tr,e term ef protection, for assignments or the granting 
of licenses, for 2ppea!s, cancei/ations, ch2nges of the ncme and cddress of the 
owner, restrictions of the !is~ of goods in respect of which a trademark is 
registered, for the issuance of certificates for the uSe of industrial designs, for the 
issuance of copies, 2nd for cny publication in the Official Gazette of the Institute 
of Inventions and Rationalizations. 
Should the registration of the mark, industrial design or appellation of 
origin be refused, the St2.te fee paid shall not be refunded to the applic2nt. IP/NI 1 IBGRJII 1 
Page 14 
Article 48 
Foreign applicants shall file their applications for the registration of 
marks, industrial designs or appellatio'ns of origin thrQ\;lgh industrial property 
representatives. 
Article 49 
Marks, industrial designs and appellations of origin may be registered 
abroad at the reques,t of enterprises, organizations or persons who have 
regis:e:ed them in this country in accordance with the prescribed procedure. 
Article 50 
Decisions of the Institute of Inventions and Rationa!izations refusing the 
regis~ration and issuance of a certifica:e for the use of a trademark, service mark, 
indus:rial design or appe!:ation of origin, or pronouncing cancellation under 
Artic:e 23, may be appealed before the Municipal Court of S::lTia, within three 
mon:r.s of receipt of notifica:ion of the decision taken. 
Prior use shall be established by a court decision or by arbitration. 
Article 51 
DisputeS conCerning the ownership, use, assignment or termination of 
trace:T1arks, ServiCe m2.rks, ind'-.!strial designs and appellatic;is of origin, as weil 
as the remuneration due for the use of industrial designs or the exerciSe of 
compulsory licenSeS, shall be referred to the Regional Cour:s or settied by State 
arbitration. 
Article 52 
Goods imported or produced in the People's Republic of Bulgaria and 
unlaVviully bearing a trademark of a third party, or manufactured accrding to an 
ind~strial design of a third party, registered in this country, or products bearing 
false appellations of origin, shall be subject to seizure on behalf of the State. 
The offenses described in the preceding paragraph shall be established 
in an official document drawn up by the organs of control of the Institute of 
Inventions and Rationalizations. Seizure shall be effected by virtue of a penal 
order issued by the Director of that Institute. IPINI 1 IBGRlII 1 
Page 15 
The official documents shall be drawn up and the orders issued and 
appealed against in accordance with the provisions of Section XXVIII of the Penal 
Code. 
V. Transitional Provisions 
Article 53 
Applications for the registration of trademarks still pending c:;t the time 
this La';'l comes into force shall be cecided upon in accordance with tr,e 
provisions of the s2id Law. 
Article 54 
Where the term ef I=rmec:ion of a trademark re;;is:ered unde' ~:-,e 
provisions of ir:e Decree en Trademcrks of 1952 is net eS:ebiished cr exceeds 10 
ye~rs, the t6rr.l of the proiec;on she!1 be 1 0 ye~rs froio, tr-,e date of e;,~~ ir.w 
ferce of this L2'.'/, 
Article 55 
The S~ate Commi~ee for Res62rches 2nd Te:iir,o:cg:es sh2i1 iss:":e 
ins:ruetions fer tf-,E imple:r.en;etion c:f this L2w. 
Article 56 
This La';,,' shell ove:r;ide the Decree on Works tv1e~ks end Tr2cernerks. 
published in IZ'Iestije. No, 13, 'j 952, emended and sUf:~ie:Tiented in IZ'les~ije, Nos, 
73/1954 and 3 i /1958, 
This L2.'N shc:;11 enter into forCe on January 1.19E8. 
The President of ths State Committee for Res:::2rches end T:::c:;neiogies 
shall be entrus:ed with the implementation of this Law. 