Trademarks in Bulgaria

Competent Authority & System

Official Authority: Patent Office of the Republic of Bulgaria / Патентно ведомство на Република България (BPO).

Official Language: Bulgarian.

System: National IP system. As an EU Member State, national protection runs parallel to European Union Trademarks (EUTM) managed by EUIPO.

International Treaties

Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. Bulgaria can be designated in international applications via WIPO.

Paris Convention: Member state; convention priority can be claimed within 6 months from the initial priority filing date.

Applicant & Representation Requirements

Entitlement: Both natural persons and legal entities (domestic or foreign) are eligible to apply.

Representation for Foreign Applicants: Non-resident natural or legal persons established outside the European Union (EU) or European Economic Area (EEA) must be represented by a registered Bulgarian industrial property representative (patent/representative).

Power of Attorney (POA): A simple signed Power of Attorney is sufficient. Notarization or Legalization/Apostille is not required.

Online Services & Database

E-Filing: Electronic filing is available via the BPO online portal.

Free Trademark Search Database: Search utilities are accessible via the BPO website portal and integrated with TMview, EUIPO eSearch plus, and WIPO Global Brand Database.

Registrable Mark Types

Types: Words, figurative signs, combined elements, 3D shapes/packaging, color combinations, sound, motion, multimedia, and position marks capable of clear visual or digital representation.

Foreign Characters & Translation: Signs containing non-Latin characters or non-Bulgarian words must include a transliteration into the Cyrillic alphabet and a translation into Bulgarian.

Classification Framework

Nice Classification: Uses the active edition of the Nice Classification.

Multi-class Filings: Permitted under a single application.

Class Headings: Accepted if clear and sufficiently specific, adhering to the standard EU common practice (IP TRANSLATED principles).

Examination Process

Examination Scope:

Formal & Absolute Grounds: Examined ex officio by the BPO (distinctiveness, descriptiveness, genericness, public policy, deceptive signs).

Relative Grounds: BPO does not conduct ex officio relative grounds examination (earlier conflicting marks). Earlier rights holders are notified via the search/notification service and must defend their rights through the third-party opposition procedure.

Office Action Deadlines: Response to formal deficiencies or provisional refusals on absolute grounds is typically required within 2 months from official notification.

Publication & Opposition

Opposition Window: 3 months starting from the date of publication of the trademark application in the Official Bulletin of the BPO.

Standing: Owners of earlier national registered trademarks, pending applications, EUTMs, international registrations designating Bulgaria/EU, or well-known marks under Article 6bis of the Paris Convention. Under Bulgarian trademark law, opponents may be requested to present proof of genuine use if the earlier mark has been registered for more than 5 years.

Timeline & Expedited Examination

Average Timeframe: Approximately 4 to 6 months from filing to registration in un-opposed, smooth cases.

Expedited Examination: Fast-track processing is available upon request and payment of an official urgency fee.

Official Fees

Official statutory fees at BPO are assessed in Bulgarian Lev (BGN):

National Filing & Examination Fee (1 Class): BGN 570.

Additional Class Fee: BGN 170 per class exceeding the 1st.

Opposition Fee: BGN 350.

Renewal Fee (1 Class, 10-year term): BGN 660.

Recordal of Assignment: BGN 230.

Duration & Renewal

Validity Period: 10 years calculated from the filing date.

Renewal Duration: Renewable indefinitely for consecutive 10-year periods. Renewal applications can be filed within the final year of protection.

Grace Period: A 6-month grace period is allowed following the expiration date for late renewal payment, subject to an official late surcharge.

Use Requirements & Priority System

Priority System: First-to-file system.

Non-Use Cancellation: A registered trademark becomes vulnerable to revocation on non-use grounds if it is not put to genuine commercial use in Bulgaria for a continuous period of 5 years following registration.

Declaration of Use: No periodic maintenance filings or affidavits of use are required during routine renewals.

Post-Registration Transactions

Recordals: Rights assignments, licenses, pledges, and changes of corporate name/address must be recorded in the State Register at the BPO to be effective against third parties.

Legal Remedies & Enforcement

Cancellation & Invalidity: Non-use revocation actions and invalidity claims based on relative/absolute grounds are submitted administratively to the BPO or brought before the competent court in Sofia.

Customs Enforcement: Rights holders can file an application for customs action with the National Customs Agency under EU Customs Regulation (EU) No 608/2013 to detain counterfeit or infringing goods at the border.

Country-Specific Risks & Practical Insights

Opposition Proof of Use Mechanism: In opposition proceedings before the BPO, the applicant can formally request that the opponent demonstrate genuine commercial use of the relied-upon earlier mark if it has been registered for over 5 years.

No Ex Officio Relative Refusals: Because BPO examiners assess absolute grounds only, squatters or similar marks will proceed to publication unless monitored and opposed within the strict 3-month window.

Script Nuances: Because Bulgaria uses the Cyrillic alphabet, filing word marks in Latin script alone may not protect against confusingly similar Cyrillic transliterations; registering both Latin and Cyrillic versions is recommended for core commercial brands.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.

Bulgaria is also covered by the EU trade mark, which protects a mark in all EU member countries with one filing. See regional systems.