The short answer
In Bulgaria a registration is valid for 10 years from the filing date and can be renewed indefinitely for periods of 10 years. The renewal request is filed in the last year or up to 6 months after expiry with an additional fee. Opposition is open for 3 months from publication, and a mark not genuinely used for 5 years can be revoked. Bulgaria is an EU member, so an EU trade mark also covers it.
Trademark deadlines in Bulgaria at a glance
These rules come from the Law on Trademarks and Geographical Indications (State Gazette No. 98/2019, as amended 27 October 2020), in the English text on WIPO Lex. Fees are set separately, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of submission of the application, renewable indefinitely for periods of 10 years (Article 22). |
| Which date does the term count from? | The date of submission (filing) of the application (Article 22(1)). A renewal runs from the day after the previous registration expires (Article 65(6)). |
| When can I renew? | The renewal request is submitted with the state fee in the last year of the term, with the registered number and the holder's details. The Patent Office informs the holder at least 6 months before expiry but is not liable if it cannot (Article 65). |
| Is there a grace period? | Yes. The renewal request can be submitted up to 6 months after the term expires, against an additional fee. If the requirements are not met, the mark is not renewed (Article 65(3) and (5)). |
| Opposition period | Within three months from the publication under Article 49, an opposition can be filed on the grounds in Articles 51 and 52. For international registrations the period begins two months after publication. The Patent Office then invites the parties to try to agree within three months, extendable once by three months (Articles 51, 52 and 57). |
| Reply to an office action | Within two months of completing the formal examination the Patent Office carries out the substantive examination (Article 47), and notifies the applicant of any ground for refusal so the applicant can respond. |
| Priority claim | The applicant's right of priority over later applications arises from the earlier filing date, and the priority claim is filed within the time limits and with the fee in Article 45. Convention priority is six months. |
| Non-use | If the holder has not actually started using the mark in Bulgaria within 5 years from registration for the registered goods or services, or use is suspended for a continuous 5 years, the registration may be revoked on the request of any person. Use started within three months before the request does not prevent revocation if the owner learned of the request (Articles 21 and 35). |
| Assignment | The right to a trade mark can be transferred regardless of the business, licensed, pledged or made subject of enforcement. The transfer is recorded in the State Register (Articles 23 to 28 and 30). |
Who can register a trademark in Bulgaria
An applicant files with the Patent Office by post, fax or electronically (Article 42). A person can act personally or through a lawyer or representative (Article 3).
Representation. A person not established in Bulgaria, another EU Member State, an EEA State or Switzerland must act before the Patent Office through a lawyer or an industrial property representative (Article 3).
Trademark registration process in Bulgaria
Search
- Search the the Patent Office of the Republic of Bulgaria records for identical or similar marks in your classes.
File the application
- File with the the Patent Office of the Republic of Bulgaria, through a lawyer or industrial property representative.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After publication, opposition can be filed within three months (Articles 51 and 52). The parties then have three months to reach an agreement, extendable once (Article 57).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Patent Office of the Republic of Bulgaria and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Bulgaria trademark validity and renewal
- The registration is valid for 10 years from the filing date.
- Request renewal in the last year, or up to 6 months after with an additional fee.
- No changes can be made to the mark at renewal (Article 67).
- Use the mark in Bulgaria to avoid revocation after 5 years.
The Patent Office reminds the holder 6 months before expiry but is not liable for failing to.
Assignment, licence and changes to a Bulgarian trademark
Name or address
Notify within a month
Notify the Patent Office of a change in name or address within one month (Article 66).
Division
Possible
The holder can divide the registration (Article 68).
Waiver
Total or partial
The holder can waive the right for all or part of the goods (Article 34).
Revocation
Any person
Revocation for non-use can be requested by any person (Article 35).
Non-use and cancellation of a Bulgarian trademark
The registration can be revoked on the request of any person where the mark was not actually used for 5 years or use was suspended for 5 continuous years (Articles 21 and 35). Revocation takes effect from the date set in Article 38.
Keep dated proof of use in Bulgaria: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Bulgaria
Search the State Register of Trade Marks and the Patent Office bulletin for the filing, publication, registration and renewal dates.
Sources used
- Law on Trademarks and Geographical Indications of Bulgaria (SG No. 98/2019, as amended 27 October 2020), English text on WIPO Lex: Articles 3, 21, 22, 35, 42, 49, 51, 52, 57, 65 to 68.
- The Patent Office for fees, forms and the current procedure.
Bulgaria trademark FAQ
How long does a trademark last in Bulgaria, and from when?
10 years from the date of submission of the application, renewable indefinitely for periods of 10 years (Article 22). It counts from the filing date (Article 22).
When should I renew a Bulgarian trademark, and is there a grace period?
The renewal request is submitted with the state fee in the last year of the term, with the registered number and the holder's details. The Patent Office informs the holder at least 6 months before expiry but is not liable if it cannot (Article 65).
What is the opposition period in Bulgaria?
Within three months from the publication under Article 49, an opposition can be filed on the grounds in Articles 51 and 52. For international registrations the period begins two months after publication. The Patent Office then invites the parties to try to agree within three months, extendable once by three months (Articles 51, 52 and 57).
How much does it cost to register a trademark in Bulgaria?
The official fee is set by the the Patent Office of the Republic of Bulgaria and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Bulgaria?
Yes. A foreign applicant from outside the EU, EEA and Switzerland must act through a Bulgarian lawyer or industrial property representative (Article 3). We arrange this.
Can I assign a Bulgarian trademark?
The right to a trade mark can be transferred regardless of the business, licensed, pledged or made subject of enforcement. The transfer is recorded in the State Register (Articles 23 to 28 and 30).
Can a Bulgarian trademark be cancelled for non-use?
If the holder has not actually started using the mark in Bulgaria within 5 years from registration for the registered goods or services, or use is suspended for a continuous 5 years, the registration may be revoked on the request of any person. Use started within three months before the request does not prevent revocation if the owner learned of the request (Articles 21 and 35).
How can I check the status of a Bulgarian trademark?
Use the the Patent Office of the Republic of Bulgaria register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The applicant's right of priority over later applications arises from the earlier filing date, and the priority claim is filed within the time limits and with the fee in Article 45. Convention priority is six months.
How do I change the owner's name or address?
Record the change with the the Patent Office of the Republic of Bulgaria so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Bulgaria
SUPREMEiP® files trademarks worldwide through its network and checks every Bulgarian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
