General definition of a trade mark

A trade mark is a sign that is capable of distinguishing the goods or services of one entity from those of other entities and of being represented on the State Register of Trade Marks in a manner which enables the clear and precise determination of the subject matter of the protection afforded by its registration. For example, such signs may consist of: words, including personal names, letters, numerals, drawings, figurative designs, the shape of goods or of the packaging of goods, colours, sounds or any combination of such signs.

Marks include trade marks, collective marks and certification marks.

Applicable law

Function of trade marks

They distinguish the goods or services of one company from those of another, differentiating not only those goods and services but the companies offering them, as well.

They are used for advertising purposes in support of sales since marks serve as a tool to draw the attention of customers. A trade mark performs that function when it inspires the customer and creates confidence in the product/service. This is the so-called communicative function of trade marks.

They are associated with certain properties of the product or service. Thus, trade marks work as a guarantee for the quality of products and services. Very often, a mark is used by more than one company, on the basis of licensing agreements. Licensees must conform to the quality standards of the trade mark’s proprietor.

Protection of trade marks

The proprietor of a trade mark is entitled to use it, dispose of it and prevent any third party not having their consent from using, in the course of trade, in relation to goods or services, any sign where:

- the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered;

- because of the sign’s identity with, or similarity to, the trade mark, and the identity or similarity of the goods or services covered by the trade mark and by the sign, there exists a likelihood of confusion on the part of the customers, which includes the possibility of association between the sign with the trade mark;

- the sign is identical with, or similar to, the trade mark, irrespective of whether it is used in relation to goods or services which are identical with, similar to, or not similar to, those for which the trade mark is registered, if the latter has a reputation in the territory of the Republic of Bulgaria and if the use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

Entities which do not hold any rights in respect of the trade mark may not:

- affix the sign to the goods or to the packaging thereof;

- offer the goods/services or put them on the market under that sign, or stock goods/services for those purposes;

- import or export the goods under the sign;

- use the sign as a trade or company name or part of a trade or company name;

- use the sign on business papers and in advertising;

- use the sign in comparative advertising in a manner that is contrary to the Protection of Competition Act.

Term of registered trade marks

The trade mark registration is valid for ten years as from the date of filing and can be renewed without limitation for subsequent 10-year periods.

Scope of registered trade marks: national, European and international

Trade marks have a territorial field of application, which means that exclusive rights are conferred and applied only within the geographical borders of the country in which they are registered. There are three ways to register a trade mark in one or more countries:

1. Registration with the Patent Office of the Republic of Bulgaria

The registration procedure at the national level is described in detail on the official website of  the Patent Office and on the portal for electronic services provided by the Patent Office. The web page of the e-portal has a section containing instructions on how to apply for a registered trade mark. The instructions will walk you through the procedure and offer visualisations of what information needs to be entered where.

The registration procedure has several key stages:

Filing an application

The application for registration of a trade mark can be filed with the Patent Office by mail, by fax or electronically. Where the application is filed using the e-service portal of the Patent Office, the identification of the applicant and of the representative in industrial property matters by means of a unique identifier, and the use of an electronic signature are optional. In the case of filing an application by a communication medium that transmits facsimiles or electronic copies, the original application should be received at the Patent Office within one month of the receipt of its facsimile or of its electronic copy. In such a case, the date of receipt of the application by a communication medium that transmits facsimiles or by electronic mail is accorded as the filing date. Where the application is filed using the portal for electronic administrative services of the Patent Office, it is not required to present the application in the original.

The application must refer to a single trade mark intended for goods and/or services from one or more classes of the International Classification of Goods and Services.

The application must be filed using the model or in free text.

Date of filing

The date of the application is the date on which the Patent Office receives the documents containing the registration application, the name and address of the applicant, the presentation of the mark, the list of goods and/or services for which registration is requested and, for a collective or certification mark, the rules for using the mark. Where it has been established that these requirements have not been met, the application is not considered to be filed, the procedure relating to it is terminated, and the applicant is notified thereof.

Consideration of the request

For each application having an established filing date, a check of whether the applicable stamp duties have been paid is performed. If the fees have not been paid or have not been paid in full, the applicant is given a period of 14 days to make the payment. After that period lapses, the fees can be paid within an additional 14-day period, in double the amount. If the fees have not been paid by the end of that period, the application is deemed withdrawn and the procedure relating to it is terminated. Within one month of the presentation of the document evidencing the payment of the fees, the application is subjected to an examination for compliance with the formal statutory requirements, and where the filing refers to a collective or certification mark, the examination assesses the compliance of the rules for using the mark with the requirements. In case of established deficiencies, the applicant is given a period of one month to remedy them. If the applicant fails to remedy the deficiencies by the end of the time limit, the procedure is terminated.

First publication

Within one month following the examination as to the presence of absolute grounds for refusal, every application that complies with the statutory requirements is published in the Official Bulletin of the Patent Office. International registrations for which the Republic of Bulgaria is a designated country are published within one month of notifying the Office of such international registration.

Within three months of the date of publication of the application, any entity can lodge an objection to the registration of the mark, or an opposition.

Registration and publication of a registered trade mark

Seven days after the three-month period, provided that no opposition has been lodged or the opposition has been rejected, in full or in part, as groundless by a decision that has taken force, a decision concerning the registration of the mark is sent to the applicant. The trade mark is entered in the State Register of Trade Marks and is published in the Official Bulletin of the Patent Office. The applicant is issued a registration certificate for the trade mark within 14 days of the payment of a fee in the amount of BGN 50.

Registration fees

Information about fees payable for the registration of a trade mark.

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

2. Registration with the European Union Intellectual Property Office

Detailed information on the procedure for registering trade marks at the European level is available on the official website of the European Union Intellectual Property Office.

3. Registration with the World Intellectual Property Organization following the procedure laid down in the Madrid Agreement.

General definition of designation of origin and geographical indications

A designation of origin or a geographical indication refers to a name referring to geographical location.

‘Designation of origin’ refers to the name of a country, region or a particular locality in that country, which serves to designate a product originating therein, the quality or characteristics of which are due essentially or exclusively to the geographical environment, including natural and human factors.

‘Geographical indication’ refers to the name of a country, region or a particular locality in that country, which serves to designate a product originating therein and possessing a quality, reputation or another characteristic feature attributable to that geographical origin.

Applicable law

Function of designations of origin and geographical indications

Unlike patents and trade marks, designations of origin and geographical indications do not confer individual exclusive rights. Once the protection is afforded, a designation of origin or a geographical indication can be used by all producers in a given geographical area, provided that they comply with the standards and the specific conditions for the production of the product. The entitlement to apply for registration belongs to any entity conducting its production activity in that particular geographical area, provided that their product corresponds to the established quality requirements or specific characteristics.

Designations of origin and geographical indications distinguish the products having a given provenance and produced using a given technology from those of other producers that can also produce the same type of product but in a different geographical area or by using a different technology.

Designations of origin and geographical indications are used for advertising purposes in support of sales. A designation of origin or a geographical indication performs that function when it is liked by the customer and creates confidence in the product/service.

Designations of origin and geographical indications are associated with certain properties of the products and serve as a guarantee for the quality of those products.

Protection of designations of origin and geographical indications

A registered designation of origin or a registered geographical indication can be used only by an entity that is registered as its user. The registered user has the right to use the designation of origin or the geographical indication by affixing it to goods or to the packaging thereof, to promotion materials, on business papers relating to the goods, or on other documents.

Legal protection covers a prohibition of:

- any direct or indirect use for commercial purposes of the registered geographical indication or designation of origin for goods that are not covered in the scope of the registration, where they are comparable to those for which the designation of origin or geographical indication is registered, or in so far as such use exploits its popularity;

- any misuse, imitation or recreation, even if the true origin of the goods or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, or similar;

- any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, which is affixed on the inner or outer packaging, advertising material or documents relating to the goods, as well as the packing of the goods in a packaging liable to convey a false impression as to its origin;

- any other practice liable to mislead the consumer as to the true origin of the product.

Registered designations of origin and registered geographical indications cannot become generic names while enjoying legal protection.

Term of designations of origin and geographical indications

Designations of origin and geographical indications do not have a fixed term of validity. This means that their protection is valid until the registration is cancelled.

Geographical scope of designations of origin and geographical indications: national, European and international

Designations of origin and geographical indications have a territorial field of application, which means that exclusive rights are conferred and applied only within the geographical borders of the country in which they are registered. Following the procedure laid down in the Act on Trade Marks, Designations of Origin and Geographical Indications, a designation of origin and a geographical indication can be registered with the Patent Office.

1. Registration with the Patent Office of the Republic of Bulgaria

The registration procedure at the national level is described in detail on the official website of the Patent Office. All documents necessary for the registration of designations of origin and geographical indications and the instructions on filling out a request for entering a user of a designation of origin/geographical indication are available at the portal for electronic services provided by the Patent Office.

Registration procedure

It is important to be aware that designations of origin and geographical indications for the following items cannot be registered by applying the procedure laid down in the Act on Trade Marks, Designations of Origin and Geographical Indications: agricultural products and foodstuffs falling within the scope of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs; spirit drinks falling within the scope of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89; products referred to in Article 92(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007; and aromatised wine products falling within the scope of Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91.

Filing an application

The entitlement to apply for registration belongs to any entity conducting its production activity in that particular geographical area, provided that their product corresponds to the established quality requirements or specific characteristics. The boundaries of the geographical area and the qualities or characteristics of the goods, as well as the attribution of those qualities or characteristics to the geographical environment or to their geographical origin are defined and established by the respective central authority in an order issued by its head.

The application for the registration of a designation of origin or a geographical indication can be filed with the Patent Office by mail, by fax or electronically. Where the application is filed using the e-service portal of the Patent Office, the identification of the applicant and of the representative in industrial property matters by means of a unique identifier, and the use of an electronic signature are optional.

The application must be filed using the model or in free text.

Consideration of the request

Each application for registration of a designation of origin or a geographical indication is subjected to an examination as to the formal requirements and to a check to establish if the listed documents have been enclosed.

For every filing that meets the formality requirements for the documents, an examination of its substance is carried out, including a check for any grounds for refusal. The examination of the substance must be performed within two months.

In the presence of grounds to refuse registration of the designation of origin or the geographical indication, the applicant is notified thereof, stating all reasons for the refusal, and is given a two-month period to object. If no reasonable objections are received by the end of that time limit, a decision to refuse registration is taken.

Registration of a designation of origin or a geographical indication and of a user

Where it is found that the designation of origin or the geographical indication applied for meets the statutory requirements, a decision to register it is taken, the designation of origin or the geographical indication is entered in the State Register of designations of origin and geographical indications, the applicant is registered as a user and, within one month, the applicant is issued a certificate authorising the use of the designation of origin or the geographical indication.

Any entity entitled to apply can file an application to be registered as a user of a registered designation of origin or a registered geographical indication. The application can be filed with the Patent Office by mail, by fax or electronically. Where the application is filed using the e-service portal of the Patent Office, the identification of the applicant and of the representative in industrial property matters by means of a unique identifier, and the use of an electronic signature are optional. In such a case the application needs to contain the request to be registered as a user, the applicant’s name and address, the designation of origin or the geographical indication and its registration number, and the number of the class and a list of goods and classes according to the International Classification of Goods and Services. The application must enclose a certificate issued by the relevant municipality evidencing that the applicant conducts their production activity in the given geographical area, a certificate issued by the relevant central authority evidencing that the goods produced by the applicant correspond to the qualities and specifics established for the particular designation of origin or geographical indication, and a document evidencing fee payment.

Registration fees

Information about fees payable for the registration of a designation of origin or a geographical indication

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

General definition of an industrial design

‘Industrial design’ means the appearance of a product or a part of a product resulting from the features of the shape, lines, contours, ornamentation, colour pattern or a combination thereof.

‘Product’ means any item resulting from industrial production or a handicraft, including parts intended to be assembled into a complex product, a set or an array of products, a packaging, graphic symbols and typographic typefaces, but excluding computer programs.

Applicable law

Products registered as industrial designs

Any item (including parts thereof which are intended to be assembled into a complex product, a set or an array of products) which is the result of industrial production or a handicraft can be registered as an industrial design. Packaging, graphic symbols and typographic typefaces can be registered as industrial designs.

Computer programs and designs contrary to public policy or morality are not registrable as industrial designs. An industrial design the specific features of which are based not on its appearance but are solely dictated by its technical function is not registrable.

As with patents for invention and utility models, in order to be registrable as an industrial design, a product must have the following characteristics:

- novelty — the design of a product is considered to be new if, up to the time of registration, it has not been made available to the public and does not exist anywhere in the world;

- individual character — a design shall be considered to have individual character if it produces an overall impression on the informed user and that impression differs from the overall impression produced by any other design which has been made available to the public earlier. In assessing individual character, the degree of freedom of the designer in developing the design is taken into consideration.

In case the applicant wishes to register a part of a product, that part must remain visible during normal use of the product and must satisfy the requirements for both novelty and individual character at the same time in order to eligible for protection.

Protection of industrial designs

Upon registration of an industrial design, its proprietor is conferred the following rights, allowing them:

- to produce the design;

- to place it on the market to which the scope of protection applies;

- to import, export or stock it;

- to dispose of it;

- to prevent any third party not having their consent from copying or using, in the course of trade, the design covered by the scope of protection.

The scope of legal protection is determined by the representations of the registered design.

Term of registered industrial designs

The term of validity of the registration of a design is ten years as from the date of filing. A registration can be renewed for three consecutive periods of five years each. The maximum term of the registration cannot exceed 25 years.

Territorial field of application

Industrial designs have a territorial field of application, which means that exclusive rights are conferred and applied only within the geographical borders of the country in which they are registered.

The registration regime for designs provided for in the Industrial Design Act is harmonised with the design registration system provided for in Council Regulation (EC) No 6/2002. That regime for affording legal protection to designs undoubtedly benefits the public since applicants in Bulgaria get the same rights under the same terms when filing with the Patent Office, the European Union Intellectual Property Office or in other EU countries. The main advantage of the system in the Republic of Bulgaria, however, is the shorter time for implementing the design registration procedure.

There are three ways to obtain protection in one or more countries:

1. Registration with the Patent Office of the Republic of Bulgaria

The registration procedure at the national level is described in detail on the official website of the Patent Office and on the portal for electronic services provided by the Patent Office. The web page of the e-portal has a section containing instructions on filing an application for an industrial design. The instructions will walk you through the procedure and offer visualisations of what information needs to be entered where.

The registration procedure has several key stages:

Filing an application

The application for a registered design can be filed with the Patent Office by delivery by hand by the applicant or by their representative, by mail, by fax or electronically. Where the application is filed using the e-service portal of the Patent Office, the identification of the applicant and of the representative in industrial property matters by means of a unique identifier, and the use of an electronic signature are optional.

In the case of filing an application by a communication medium that transmits facsimiles or electronic copies, the original application should be received at the Patent Office within one month of the receipt of its facsimile or of its electronic copy. In such a case, the date of receipt of the application by a communication medium that transmits facsimiles or by electronic mail is accorded as the filing date. Where the application is filed using the portal for electronic administrative services of the Patent Office, it is not required to present the application in the original.

Foreign natural and legal persons should interact with the Patent Office via a representative in industrial property matters. Where there are multiple applicants in an application for one or more registered designs and one of the applicants is a Bulgarian natural or legal person, authorisation of a representative is optional. In such a case, a mailing address in the Republic of Bulgaria must be provided.

The application must be filed using a model or in free text.

Until a decision is taken on the application, the applicant can withdraw the filing with respect to all or some of the designs. No modifications to the application are allowed, except in the event of a change of, or a need to correct an obvious error in, the applicant’s name or address, provided that such corrections do not affect the design.

Date of filing

The date of filing of an application is the date on which the Patent Office receives the documents containing the information indicated above.

Consideration of the request

For each application that has an established filing date, it is checked whether the file encloses a document evidencing the payment of the application fee, the examination fee and, where a deferment has been requested, the fee for deferment of publication. In the absence of such a document, the applicant is given a period of one month to remedy the deficiency. Within one month following the lapse of that time limit, fees can be paid in double the amount. If the fees have not been paid by the end of that period, the application is deemed withdrawn.

Within two months of the presentation of the document evidencing the payment of the fees, the application is subjected to an examination for compliance with the formal requirements. In case of established deficiencies, the applicant is given a period of two months to remedy them. If the deficiencies have not been remedied by the end of the time limit, the procedure for the application is terminated.

At the applicant’s discretion, publication of the registered design can be deferred for a period of up to 30 months from the date of filing the application, or from the priority date, as the case may be. The request to defer publication of the registration can be made only at the time of filing for registration and must enclose a document evidencing the payment of the fee. A mention of the deferment of the publication of the registered design is published in the Official Bulletin. This option is provided with a view to allowing the applicant to research the market and the competition and to keep the design confidential for a certain period of time in view of that competition.

Registration and publication of a registered design

Where the design referred to in the application is found to be registrable, the applicant is notified and given a one-month period to pay the fees for registration, for the issue of a registration certificate and for publication. Within one month following the lapse of that time limit, fees can be paid in double the amount.

In case the fees have been paid, a decision about the registration of the design is made and, within one month, a registration certificate is issued.

Registration fees

Information about fees payable for the registration of an industrial designs

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

2. Registration in the EU — Community design

The protection of Community industrial designs applies in every Member State and, with each enlargement of the European Union, the territory on which the protection has effect is enlarged. The protection can have two different forms: registered and unregistered design.

The European Union Intellectual Property Office (EUIPO) deals only with applications for registered Community design since it is not necessary to apply for unregistered Community design. An application for a registered Community design can be filed directly with the EUIPO or via the Patent Office.

The Patent Office accords a date of receipt and sends the application to the European Union Intellectual Property Office within two weeks of its receipt. Applications can be filed by mail, by fax, electronically or by delivery by hand at the European Union Intellectual Property Office (EUIPO). Where the application has been submitted by fax, a hard copy of the photo representation must be sent to the EUIPO within one month of the date on which the fax was received. Applications must enclose a document evidencing the fee payment.

The fees charged by the European Union Intellectual Property Office (EUIPO) are regulated in Commission Regulation (EC) No 2246/2002 of 16 December 2002 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) in respect of the registration of Community designs. There are three types of fees applicable to applications for registered Community designs: a registration fee, a publication fee and a fee for deferment of publication. The amounts of the fees depend on the number of designs in an application and on whether the publication is to be deferred or not.

3. Registration with the World Intellectual Property Organization following the procedure laid down in the Hague Agreement

Detailed information about registration with the World Intellectual Property Organization

Instructions on how to fill out and file for international protection, as well as all necessary documents are available at the official website of the World Intellectual Property Organization.

General definition of patent for invention

The Act on Patents and on the Registration of Utility Models defines ‘invention’ as a new solution to a technical problem. The problem can be old or new, but its solution must be new in order to be considered an invention. If, for example, something that already exists in nature is discovered, it will not qualify as an invention, unless inventiveness, creativity and innovation have been invested in it. Patentable inventions are inventions in all fields of technology that are new, involve an inventive step and are capable of industrial application.

According to the Act on Patents and on the Registration of Utility Models, the following are not considered inventions:

- discoveries, scientific theories and mathematical methods;

- aesthetic creations;

- schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;
- presentations of information.

Patents are not granted in respect of inventions the commercial exploitation of which would be contrary to ‘ordre public’ or morality, nor in respect of inventions involving:

- methods for cloning human beings;

- modifying the germ line genetic identity of human beings;

- uses of human embryos for industrial or commercial purposes;

- methods for modifying the genetic identity of animals, if those are likely to cause them suffering without any substantial medical benefit to man or animal;

- methods for treatment of the human or animal body by therapy or surgery and diagnostic methods practised on the human or animal body;

- plant varieties or animal breeds;

- biological processes for the production of plants or animals.

Applicable law

Rights of the holder of the patent
Legal protection of the invention is conferred by a patent which certifies the exclusive right of its holder in respect of the innovative product or process (the invention).

Patents, referred to also as patents for invention, are the most common way to protect technology inventions.

The patenting system is aimed at promoting innovation, the transfer and dissemination of new knowledge and new technology while granting advantages to inventors, users of innovations and the general public. The holder of the patent can give permission or grant a licence for the use of the invention to third parties under specific terms of agreement.

The patent proprietor can sell the rights to the invention to another, who then becomes the new patent proprietor. The holder of the patent has the right to decide who may or who may not use the patented invention for the term for which the invention is protected. In other words, patent protection generally means that the invention cannot be made, used, distributed, imported or sold by others without the consent of the patent proprietor.

Term of patents

The term of a patent is 20 years as from the date of filing. Patents have a territorial field of application.

Territorial scope

Patents are territorial rights. As a rule, exclusive rights are applicable only in the country or region where a patent has been filed for and granted in accordance with the law of the land. In applying for a patent, the national, European or international level can be preferred.

There are three ways to obtain protection in one or more countries:

1. Registration with the Patent Office of the Republic of Bulgaria

The procedure for registering a national patent is described in detail on the official website of the Patent Office and on the portal for electronic services provided by the Patent Office. The web page of the e-portal has a section containing instructions on filing an application for an industrial design. The instructions will walk you through the procedure and offer visualisations of what information you need to enter where.

The registration procedure has several key stages:

Filing an application

The entitlement to file an application belongs to the inventor or their legal successor. Where the entitlement to file an application belongs to several persons, it is exercised by them jointly. A refusal by one or several of them to participate in the application or in the procedure for the issue of the patent does not prevent the others from performing the actions envisaged in the Act on Patents and on the Registration of Utility Models.

The applicant is deemed to be entitled to apply, unless a court of justice finds otherwise.

The entitlement to file for an invention created under the terms of the Act on Patents and on the Registration of Utility Models belongs to the employer, provided that the employer files an application within three months of receiving the inventor’s notification about the creation of the invention. Otherwise, the entitlement to file an application passes to the inventor. The entitlement to file an application can belong jointly to the employer and the inventor, if so agreed in advance in a contract.

Where an invention has been created on the basis of a contract, the entitlement to file an application belongs to the contracting party mandating the work, unless otherwise agreed in the contract.

The inventor has the right to be mentioned in the filing for the invention, in the issued patent for the invention and in publications referring to the invention. That right is personal and non-transferable.

The application for a patent registration can be filed with the Patent Office by delivery by hand by the applicant or by their representative, by mail, by fax or electronically. Where the application is filed using the e-service portal of the Patent Office, the use of an electronic signature is required. In the case of filing an application by a communication medium that transmits facsimiles or electronic copies, the original application should be received at the Patent Office within one month of the receipt of its facsimile or of its electronic copy. In such a case, the date of receipt of the application by a communication medium that transmits facsimiles or by electronic mail is accorded as the filing date. Where the application is filed using the portal for electronic administrative services of the Patent Office, it is not required to present the application in the original.

Applicants that do not have a permanent address or a domicile in the Republic of Bulgaria are required to interact with the Patent Office via a representative in industrial property matters.

To use the service, the applicant needs to send in an application for the issue of a patent.

Date of filing

The date of filing of an application is the date on which the Patent Office receives the documents containing the following: an application for a patent bearing the name of the invention for which the issue of a patent is requested and indicating the identification particulars of the applicant in Bulgarian, and a description of the invention disclosing, as a minimum, its essence.

Check for the presence of classified information

Where the applicant possesses Bulgarian citizenship and has their permanent address in the Republic of Bulgaria or is a legal body domiciled in the Republic of Bulgaria, the application is checked for the presence of classified information in the meaning of the Protection of Classified Information Act, within one month from the date of filing.

Consideration of the request

Within one month of the check for the presence of classified information, or of the filing of an application by a foreign applicant, each application having an established filing date is checked for compliance with the formal requirements. Where it is found to be deficient, the applicant is notified and given a three-month period to remedy the deficiencies. In case the applicant fails to respond within that time period or fails to remedy the deficiencies, a decision is taken to terminate the procedure.

Where the patent application does not enclose a document evidencing the payment of the fees, the applicant is given a period of three months to make the payment. If the fees have not been paid, the application is deemed withdrawn.

Where, upon the lapse of the three-month period, it is established that no translation into Bulgarian has been submitted, the application is deemed withdrawn and the applicant is notified thereof.

Within three months of the completion of the examination for compliance with the formal requirements, a preliminary examination of the substance of the invention and the stated patent claims is carried out. Within the same period, the application is checked for unity (whether the application relates to one invention only or to a group of inventions linked so as to form a single general inventive concept). An examination to verify if the invention is eligible for legal protection is also carried out.

Where the search fee, examination fee and publication fee have been paid within the prescribed period, a mention of the application is published in the Official Bulletin of the Patent Office immediately after the end of the eighteenth month following the date of filing, or the priority date, as the case may be. Upon the applicant’s request, which should enclose a document evidencing the payment of the fee, the publication of the application can be made before that period has lapsed.

Within three months of the publication announcing the application, anyone can oppose, in writing, the patentability of the invention filed for, supporting their claim by evidence. Parties that have lodged an opposition do not become parties to the application proceedings.

For every application where the search fee, examination fee and publication fee have been paid, the condition of the equipment is examined and a report of that examination, as well as a written opinion on the patentability of the invention, are produced.

Granting a patent for invention

A mention of the granting of a patent is published in the Official Bulletin of the Patent Office. Within one month of the publication, a patent is granted and the description, claims and drawings attached to the patent are published.

Registration fees

Information about fees payable for the registration of a patent for invention

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

2. Registration of an European patent

A European patent is granted by the European Patent Office, which is the executive body of the European Patent Organisation. The grant of a European patent may be requested for one or more of the Contracting States, and the application can be filed directly with the European Patent Office in Munich or in its offices in the Hague or Berlin, and with the national offices of the EPC Contracting States, in one of the three working languages - English, German or French. A patent granted by the European Patent Office has the legal effect of a national patent in the designated Contracting States, once the requirements for its validation have been met - translation into the respective official language and payment of the applicable fees.

Further information on the procedure for filing an application and registration of a European patent

3. International applications under the Patent Cooperation Treaty (PCT)

The PCT provides an opportunity to seek protection for a given invention in each of the Contracting States of the PCT by filing a single ‘international’ application. The main advantages for applicants when filing an international application under the PCT include the single procedure which enables an 18-month extension to the time limit for evaluating capabilities and making a decision about the protection of the invention in the selected countries, moreover — on the basis of information contained in the international search report, for the choice of a patent agent in the respective Contracting States, and for preparing the necessary translations and the payment of national fees.

General definition of utility models

Utility models are often referred to as ‘small inventions’. Although they do not exist everywhere as a form of protection of industrial property, like patents, utility models protect inventions. The requirements for obtaining a utility model are less stringent than those for obtaining a patent. Like patents, utility models must meet the criteria of novelty, inventive step and industrial applicability. However, the lawmaker has provided for special criteria with respect to novelty and inventive step which are described in the Patents and Utility Models Registration Act. Protection by means of a utility model is suitable for products that have a shorter life cycle on the market or that are unable to satisfy the criteria for patentability relative to patents.

In that respect, it should be noted that along with filing an application for a patent, it is possible to file a parallel application for a registered utility model for the same invention. Up to 15 months after the date of filing an application for a patent, the applicant can transform their patent application into an application for a registered utility model (provided the conditions set out in Article 46b(4) of the Patents and Utility Models Registration Act are met).

The following cannot be registered as utility models:

- discoveries, scientific theories and mathematical methods;

- aesthetic creations;

- schemes, rules and methods for intellectual activities, games or business activity, and computer programs;

- discoveries, scientific theories and mathematical methods;

- aesthetic creations;

- schemes, rules and methods for intellectual activities, games or business activity, and computer programs;

- presentations of information.

The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute patentable inventions. An element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a patentable invention, even if the structure of that element is identical to that of a natural element.

Applicable law

Rights of a utility model owner

The registration certificate of a utility model confers on the owner exclusive rights, i.e. the right to prevent the use of the invention which is the subject-matter of the issued patent by third parties for a defined period of time (10 years from the date of filing an application for a registered utility model) without their consent on the territory in which the registration has effect. The exclusive rights in respect of the registered utility model include the right to use the utility model, a prohibition on its use by third parties without the consent of the holder of the certificate, and the right to dispose of the utility model registration certificate.

The scope of legal protection is defined by the claims contained in the utility model registration certificate.

Legal protection for a utility model is afforded by a registration with the Patent Office. The registration has effect with respect to third parties as from the date of publication in the Official Bulletin of the Patent Office.

Term of validity of utility models

The utility model certificate is issued for a period of 4 years and is renewable twice, with each renewal having a term of not more than 3 years. The total term of protection cannot exceed 10 years from the date of filing. Compared to the patent, which has a term of 20 years, the term of the legal protection for a utility model has half that validity.

Territorial field of application

Utility models have a territorial field of application, which means that exclusive rights are conferred and applied only within the geographical borders of the country in which they are registered.

No legal protection is granted for utility models at European or international level. Bulgaria is one of the 15 countries in the European Union where applications for a registered utility model can be filed. The other 14 Member States are: Austria, the Czech Republic, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Poland, Portugal, Slovakia, Romania and Spain.

1. Registration of a utility model with the Patent Office of the Republic of Bulgaria

The registration procedure at national level is described in detail onthe official website of the Patent Office and on the portal for electronic services provided by the Patent Office. The web page of the e-portal has a section containing instructions on how to apply for a registered utility model. The instructions will walk you through the procedure and offer visualisations of what information needs to be entered where.

The registration procedure includes several key stages:

Filing an application

The entitlement to file an application belongs to the inventor or his or her legal successor. Where the entitlement to file an application belongs to several persons, it is exercised by them jointly. A refusal by one or several of them to participate in the application or in the procedure for the issue of the patent does not prevent the others from performing the acts envisaged in the Patents and Utility Models Registration Act.

The applicant is deemed to be entitled to apply, unless a court of law finds otherwise.

The entitlement to file for an invention created under the terms of the Patents and Utility Models Registration Act belongs to the employer, provided that the employer files an application within 3 months of receiving the inventor’s notification about the creation of the invention. Otherwise, the entitlement to file an application passes to the inventor. The entitlement to file an application can belong jointly to the employer and the inventor, if so agreed in advance in a contract.

Where an invention has been created on the basis of a contract, the entitlement to file an application belongs to the contracting party mandating the work, unless otherwise agreed in the contract.

The inventor has the right to be mentioned in the filing for the invention and in the registration certificate for the utility model. That right is personal and non-transferable.

The application for a registered utility model can be filed with the Patent Office by delivering it in person or through a representative, by post, fax or electronically. Where the application is filed using the e-service portal of the Patent Office, the use of an electronic signature is required. In the case of filing an application by a means of communication that transmits facsimiles or electronic copies, the original application should be received at the Patent Office within one month of the receipt of the facsimile or the electronic copy. In such a case, the date of receipt of the application by a means of communication that transmits facsimiles or email is considered the filing date.Where the application is filed using the Patent Office’s portal for electronic administrative services, there is no need to submit an original application.

Applicants that do not have a permanent address or registered office in the Republic of Bulgaria are required to interact with the Patent Office via a patent agent.

To file an application for a utility model, the applicant can use a standard form.

The application documents (with the exception of the declaration of priority) must be filed in Bulgarian. If the description, claims, drawings and the summary are submitted in another language, the date of filing will be maintained provided that the documents are filed in Bulgarian within 3 months of that date. That time period cannot be extended.

Date of filing

The date of filing of an application is the date on which the Patent Office receives the documents containing the application for registration bearing the applicant’s name and address and the name of the utility model for which registration is requested, a description of the utility model, drawings (where necessary) and an indication of one or more claims.

Check for the presence of classified information

Applicants who possess Bulgarian citizenship and have their permanent address in the Republic of Bulgaria or are legal persons domiciled in the Republic of Bulgaria will have their applications checked for the presence of classified information within the meaning of the Protection of Classified Information Act, within one month from the date of filing.

Consideration of the request

Within one month of the check for the presence of classified information, where such a check is required, or of the filing of an application by a foreign applicant, each application having an established filing date is checked for compliance with the formal requirements for the application, including whether a document evidencing the payment of application fee and an examination fee is enclosed.

Within 3 months of the completion of the examination for compliance with the formal requirements, an expert from the specialised directorate checks if the utility model filed for registration satisfies the statutory requirements for registration (examination of the description, drawings, claims and the summary, and whether the utility model filed for registration falls within the scope of objects that are not eligible for protection by a utility model). Compliance with the requirements for industrial applicability is also checked.

If, as a result of the examination, no deficiencies are established or if the deficiencies are remedied, the applicant is invited to pay, within one month, the registration fee, the fee for the issue of a registration certificate, a fee for the publication of the description, drawings, claims and the summary, and a publication fee for a mention in the Official Bulletin of the Patent Office.

Issue of a registration certificate for a utility model

A mention is published in the Official Bulletin of the Patent Office within one month of registration of the utility model in the State Register.
A registration certificate for the utility model is issued and its description, drawings, claims and summary are published within one month of publication.

Registration fees

Information about fees payable for the registration of an utility models

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

General information

Provisional protection for published applications for European patents for which Bulgaria is a designated State is afforded retroactively from the date of publication of the mention of the grant of the patent, if a European patent has been granted and the latter has effect in the territory of the Republic of Bulgaria.

A European patent in which the Republic of Bulgaria is a designated State confers on the patent owner the rights envisaged in the Patents and Utility Models Registration Act from the date of publication of the grant notification in the European Patent Bulletin, provided that, within 3 months of that date, a translation of the description and claims in Bulgarian is submitted and a publication fee is paid.

In the period between the publication of a notification in the Official Bulletin that the translation has been received and the publication of the notification of a grant of European patent, temporary protection is afforded, the scope of which is determined on the basis of the claims as formulated in the application. The protection is afforded retroactively starting from the date of publication of the notification of the grant of the European patent, unless the granted European patent expands the scope of protection.

These rules apply also in cases where the description and the patent claims of the European patent have been modified in opposition/limitation proceedings before the European Patent Office. Failure to submit the required documents after a publication of a notification of a modification to the description and/or the claims of a European patent by the European Patent Office results in a termination of the effect of the European patent in the territory of the Republic of Bulgaria.

The applicant is entitled to fair compensation from any party that has carried out, without its consent, actions such as production, offering for sale, trading in the subject matter of the invention, including import, use of the subject matter of the invention and use of the patented process.

Effect of the European patent in the territory of the Republic of Bulgaria

The European patent is granted by the European Patent Office. The fee for the issue of an European patent is payable to the European Patent Office and the version of patent claims for which the European patent is granted must be translated in the three official languages of the European Patent Office.

Upon the publication of a European patent grant notification in the European Patent Bulletin, the European patent needs to be validated in each of the elected, previously designated States within a prescribed time limit in order to retain protection in the territory of the respective State and ensure the enforceability of the patent right with respect to infringers.

The need to interact with the Patent Office arises when the Republic of Bulgaria is elected by the holder of the granted European patent.

Applicable law

Application procedure

The procedure for applying for provisional protection of a European patent in the territory of the Republic of Bulgaria is described in detail on the official website of the Patent Office and on the portal for electronic services provided by the Patent Office. The web page of the e-portal has a section containing instructions on how to apply for a trade mark. The instructions will walk you through the procedure and offer visualisations of what information needs to be entered where.

Registration fees

Information about registration fees charged

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

General information

The holder of a patent may use the technical solution protected by a patent without limitations from the date of filing and can place the product associated with the invention on the market. Where the subject of the application is a medicinal product or a plant protection product, the duration of patent protection is decreased since the use of the product is delayed until authorisation to place it on the market is obtained from the health authorities and the agricultural authorities. That period of time significantly reduces the duration of the protection afforded by the patent, while the period of effective protection is insufficient to cover the investment put into research and development, and other investments. To offset the inequality for those sectors, the European Union adopted Council Regulation (EEC) No 1768/92 concerning the creation of a supplementary protection certificate for medicinal products and Regulation (EC) No 1610/96 of the European Parliament and of the Council concerning the creation of a supplementary protection certificate for plant protection products, in order to compensate patent holders for the lack of effective protection and to promote research and development in those sectors of particular importance.

The supplementary protection certificate (SPC) is a sui generis form of legal protection which extends the protection afforded by a patent (referred to as a ‘basic patent’) in respect of a medicinal product or a plant protection product.

The certificate takes effect at the end of the lawful term of the basic patent for a period equal to the period which elapsed between the date on which the application for a basic patent was filed and the date of the first authorisation to place the product on the market in the Community, reduced by a period of 5 years. However, the duration of the certificate may not exceed 5 years from the date on which it takes effect. This approach to calculating the compensatory period ensures that the product covered by the basic patent is afforded a maximum of 15 years of adequate and effective protection.

Applicable law

Subject matter and forms of protection

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 (which entered into force on 1 July 2019) amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products introduced an exception to the protection conferred by an SPC for medicinal products. Regulation (EU) 2019/933 allows makers of medicinal products protected by an SPC and intended for third countries to make such products for export. Regulation (EU) 2019/933 also allows for the manufacture and storage of medicinal products during the last 6 months of the effect of the SPC for the purposes of stocking them before placing them on the market in the EU after the expiry of the SPC.

Possibility to issue a certificate

The certificate can be granted, provided that, at the date of filing an application with the Patent Office in Bulgaria:

- the product is protected by a valid basic patent;

- a valid authorisation to place the product on the market as a medicinal product or as a plant protection product has been granted in accordance with the effective EEC directive;

- a certificate has not already been issued for the product;

- the authorisation referred to in point (b) is the first authorisation to place the product on the market as a medicinal product or as a plant protection product.

The holder of more than one patent for the same product may not be granted more than one certificate for that product. However, where two or more applications concerning the same product and emanating from two or more holders of different patents are pending, one certificate for this product may be issued to each of these holders.

The application for a certificate should be lodged within 6 months of the date on which the authorisation to place the product on the market as a medicinal product or as a plant protection product was granted. Where the authorisation to place the product on the market is granted before the basic patent is granted, the application for a certificate should be filed within 6 months of the date on which the patent grant notification is published.

Filing an application for supplementary protection

The application for a supplementary protection certificate is filed with the Patent Office using a form.

More about the service of granting a supplementary protection certificate

Registration fees

Information about registration fees charged

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

The subject of protection are new plant varieties, from any genus and species, including any cultivar, clone, line, hybrid or stock, irrespective of the method (whether artificial or natural) by which they have been obtained. Created or developed animal breeds, lines and hybrids of livestock, irrespective of the method by which they have been obtained, can be afforded protection as new animal breeds. This excludes local (indigenous) animal breeds, which are government property.

Plant varieties

A variety must have a name that is associated with its genetic denomination and serve to identify it. It must be distinct from any other name used in the country for that species or species that are closely related to it. A variety is deemed to be new if, at the date of application for a certificate, the variety or propagation material or harvested material of the variety have not been offered for sale, sold or otherwise traded or offered with the consent of the breeder as follows:

- for longer than 1 year within the territory of the country;

- in the case of trees or of vines, for more than 6 years, and for more than 4 years for any other plant species, within the territory of any other country.

The variety is be deemed to be distinct if it is clearly distinguishable from any other variety which is of common knowledge at the date of filing of the application.

The variety is uniform if, despite the presence of minor variations, the plants are identical in their relevant features, including in terms of the particular features of their field or vegetative propagation.

The variety is stable if its relevant characteristics remain unchanged after repeated propagation.

Animal breeds

The authorities involved in the procedure of affording legal protection to new animal breeds are the Executive Agency for Selection and Reproduction in Stock-Breeding and the Patent Office of the Republic of Bulgaria.

Within one month following its preliminary examination, the application for an animal breed certificate is forwarded to the Executive Agency for Selection and Reproduction in Stock-Breeding, which performs a substantive examination. The applicant is required to pay the applicable examination fee.

The Patent Office publishes the application in its Official Bulletin after the fourth month, but not later than the sixth month following the date of filing.
In the course of the substantive examination, the Executive Agency for Selection and Reproduction in Stock-Breeding examines and analyses the following special requirements:

- breeding purpose;

- summary of the characteristics of parent breeds;

- a description of the methods used to create the breed;

- productive properties and morphological features of the breed;

- adaptability and disease resistance;

- number, tribal and genealogical structure;

- range.

The substantive examination of breeds, lines and hybrids of the silk moth is performed by the Executive Agency for Plant Variety Testing, Approbation and Seed Control.

Following the substantive examination, all actions relating to granting protection are performed by the Patent Office on the basis of the decisions and reports of the Executive Agency for Plant Variety Testing, Approbation and Seed Control and the Executive Agency for Selection and Reproduction in Stock-Breeding.

Applicable law

Duration of the legal protection conferred by the certificate

The legal protection for a new variety/breed is granted by way of a certificate that is issued by the Patent Office and has a term of 30 years for varieties of trees and vines and for animal breeds, and 25 years for all other plant varieties, from the date of issue. The certificate attests to the existence of a registered plant variety, the priority, breeder’s right and exclusive right of the right holder in respect of the variety. The certificate is issued by the Patent Office following a search examination of the variety/breed that is the subject of the application.

The duration of protection afforded by the certificate is 30 years for a new breed, from the date of issue.

The applicant who filed for a certificate enjoys a right of priority from the date of filing.

Procedure for applying for a certificate for a new plant variety

The authorities involved in the procedure of affording legal protection to new plant varieties are the Executive Agency for Plant Variety Testing, Approbation and Seed Control and the Patent Office of the Republic of Bulgaria.

The entitlement to file an application belongs to the breeder or their legal successor.

Filing an application

The application for a certificate is filed with the Patent Office.

The date of filing is the date on which the Patent Office receives the necessary documents.

Preliminary examination

The Patent Office performs a preliminary examination of the new plant varieties or animal breeds within one month of receiving an application for the registration of a new plant variety.

Within one month after the preliminary examination of the application, the Patent Office forwards it to the Executive Agency for Plant Variety Testing, Approbation and Seed Control for a substantive examination and notifies the applicant that the relevant fees must be paid.

Publication of the application

The Patent Office publishes the application in its Official Bulletin after the fourth month, but not later than the sixth month following the date of filing. Following the substantive examination, all actions relating to granting protection are performed by the Patent Office on the basis of the decisions and reports of the Executive Agency for Plant Variety Testing, Approbation and Seed Control.

Provisional protection

For the period between the publication of the application for a certificate for a new plant variety by the Patent Office and the issue of that certificate, the applicant is afforded provisional protection against unlawful acts by others.

Issue of certificate and publication

The Patent Office issues a certificate on the basis of the decision to recognise the variety and, provided that the fees due are paid within 3 months of notifying the decision to the applicant, it publishes the certificate. The certificate is published in the Official Bulletin of the Patent Office.

Maintenance of the protection afforded by a certificate

To maintain the protection afforded by a certificate, an annual fee is charged. The annual fee for the first year and for each of the subsequent years is payable by the last day of the month in which the certificate was issued.

A certificate that has ceased to be in effect due to a failure to pay the annual fee can be renewed within 6 months, up to the last day of the month in which the certificate was issued, provided that the outstanding fee is paid to the Patent Office in double the amount.

Application procedure for a certificate for a new animal breed

The authorities involved in the procedure of affording legal protection to new animal breeds are the Executive Agency for Selection and Reproduction in Stock-Breeding and the Patent Office of the Republic of Bulgaria.

The application for a certificate for a breed is filed with the Patent Office using a form.

Within one month following its preliminary examination, the application for an animal breed certificate is forwarded to the Executive Agency for Selection and Reproduction in Stock-Breeding, which performs a substantive examination.

Following the substantive examination, all actions relating to granting protection are performed by the Patent Office on the basis of the decisions and reports of the Executive Agency for Plant Variety Testing, Approbation and Seed Control and the Executive Agency for Selection and Reproduction in Stock-Breeding.

More information about the provision of the service relating to the issue of certificates for new plant varieties and animal breeds

Registration fees

Information about registration fees charged

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

General definition of layout-design

The subject of protection is any original layout-design consisting of a combination of elements and interconnections that are commonplace, where such layout-design is the result of its creators’ own intellectual effort and is not commonplace among creators of layout-designs (topographies) and manufacturers of integrated circuits at the time of their creation.

The protection of a layout-design is effective from the date of its first commercial exploitation wherever in the world it occurs, provided that within 2 years of that date a legally compliant application is filed with the Patent Office. The protection lapses 10 years after the end of the calendar year in which the registration took effect.

Applicable law

Application procedure

The application is filed with the Patent Office using a form.

The documents and the information filed must be in Bulgarian. Where these have been submitted in another language, the date of filing will be maintained provided that the documents are filed in Bulgarian within 3 months of that date.

The application is given a date of filing when the following have been received at the Patent Office:

- an application for registration bearing the applicant’s name and address;

- material enabling the identification of the layout-design for which registration is requested;

- a declaration of the first commercial exploitation and a specimen of the integrated circuit in which the layout-design filed for has been implemented, if commercial exploitation has occurred prior to the application being filed.

The entitlement to file an application belongs to the creator of the layout-design. Where the entitlement to file an application belongs to several persons, it is exercised by them jointly. A refusal by one or several of those persons to participate in the application does not prevent the others from doing so. Where the layout-design is the result of performing job-related duties, the entitlement to file an application belongs to the employer or the party ordering the work. Where the layout-design is the result of performing job-related duties, the entitlement to file an application passes to the creator of the layout-design if, within 3 months of a written notification of the created layout-design, the employer or the party ordering the work, as the case may be, fails to file an application, unless otherwise agreed between them. The entitlement to file an application can belong jointly to the employer or the party ordering the work, as the case may be, and the creator of the layout-design, if so agreed. The applicant is deemed to be entitled to apply, unless a court of law finds otherwise.

Term of protection afforded by the registration

The protection lapses 10 years after the end of the calendar year in which the registration took effect.

Registration fees

Information about registration fees charged

Fees can be paid at the cash desk of the Patent Office or by bank transfer. Where the application has been filed electronically using a web-based application accessible to the public, the fee can be paid electronically via the Epay system.

The activity of the Patent Office in the resolution of disputes that have arisen in relation to industrial property covers:

- consideration of petitions against decisions to refuse registration or refusals to grant protection, petitions against decisions concerning oppositions and petitions against decisions to terminate procedures involving applications for registration/granting protection;

- consideration of requests for declaration of invalidity of an issued document granting protection, for granting or revocation of compulsory licensing, for deregistration or cancellation of registration.

The dispute resolution procedure relating to objects of industrial property is governed by the Patents and Utility Models Registration Act, the Trade Marks, Designations of Origin and Geographical Indications Act, the Industrial Design Act, the Protection of New Plant Varieties and Animal Breeds Act, and by the national Regulation on resolving disputes relating to the Patents and Utility Models Registration Act and the national Regulation on resolving disputes relating to the Trade Marks, Designations of Origin and Geographical Indications Act.

Petitions should be lodged within 3 months or within 2 months of the notification of the decision to refuse or terminate procedures, and requests can be lodged throughout the effective term of the registration or the document affording protection.

Petitions and requests can be lodged at the Patent Office by delivery in person, via a postal service operator, by fax or electronically (at the following email address: services@bpo.bg or usingthe electronic service portal).

Where lodged by fax, or electronically without a qualified electronic signature, the petition or request and the accompanying documents need to be submitted with a handwritten signature or using an electronic signature.

Petitions and requests are subject to a stamp duty in an amount established in the Tariff of fees charged by the Patent Office of the Republic of Bulgaria.

Each petition or request is checked for admissibility and for compliance with formal requirements. If they are found to be deficient, a notification is sent asking for any deficiencies to be remedied. If the deficiencies are not remedied, the procedure is not initiated or is terminated.

In cases involving petitions that are admissible and compliant with the formal requirements referring to decisions on oppositions and requests, a copy is sent to the party concerned, inviting that party to respond, including by submitting evidence. After the exchange of correspondence and upon the clarification of all the facts and circumstances pertaining to the dispute, a decision is issued, which may confirm or revoke (in full or in part) the opposition decision, or may deregister in full or in part or cancel the registration, as the case may be, or void the issued document granting protection.

Decisions on disputes can be appealed before the Sofia City Administrative Court, and decisions of the Sofia City Administrative Court can be challenged before the Supreme Administrative Court.

All documents such as petitions, oppositions, objections, etc. can be lodged also via the e-portal of the Patent Office at https://portal.bpo.bg/