Name of law Law amending and supplementing the law on marks and geographical indications Bill name a bill amending and supplementing the law on marks and geographical indications date adopted 26/02/2010 number/year Official Gazette Decree No 19/2010 49

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on marks and geographical indications, adopted by the National Assembly of the HLI, 26 February 2010.

Issued in Sofia on March 4, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on marks and geographical indications (promulgated, SG. 81 of 1999; Corr. 82/1999; amend., SG. 28, 43, 94 and 105 by 2005, issue 30, 73 and 96 06, 59/2007 36/2008 and no. 12 and 32 from 2009.)

§ 1. Article 4 is amended as follows:

"Charges

Art. 4. The Patent Office collects fees for application, priority, expertise, opposition fees, registration, issuing certificates, renewal of registration, entries, correcting errors, appeals against decisions to refuse registration, for the termination of the registration proceedings and the decisions on opposition, cancellation and revocation of registration, extension of time limits, publications of the application, of the registration and of entries, filing an application for international registration , forwarding of an application for a Community trade mark, the mark applied for information or a geographical indication and references and abstracts from the State registers in the dimensions specified with the tariff approved by the Council of Ministers. "

§ 2. Article 5 is amended as follows:

"State Register of marks

Art. 5. The State Register of trademarks shall be kept and maintained by the Patent Office and shall contain:

1. number and date of filing of the application for registration of a trade mark;

2. representation of the mark;

3. type and type of mark;

4. information on the claimed priority-number, date and country of the initial request, as well as an exhibition priority is claimed, if any;

5. a list of the goods and/or services for which the mark is applied for or registered, and the number of the class of the international classification;

6. the number of the official bulletin of the Patent Office and the date of publication of the application;

7. registry number and date of registration;

8. number of the official bulletin of the Patent Office and the date of publication of the registration;

9. period of validity of the registration;

10. nezaŝitimi elements;

11. protected colors;

12. name and address of the applicant, holder, respectively, of the mark;

13. name and address of the industrial property representative, where authorized;

14. renewal of registration;

15. the legal status of the mark;

16. information on filed opposition – date of filing, the person who made the opposition, and which entered into force a decision on opposition;

17. information on proceedings instituted for revocation or cancellation of the registration of the trade mark – the date of filing, the applicant entered into force decision;

18. other data – change in the name and/or address of the holder of the trade mark, the trade mark transfer right, contractual exploitation right, guarantee, pledge, bankruptcy. "

§ 3. Article 5 (a) is repealed.

§ 4. Article 6 is amended as follows:

The State Register of geographical indications

Art. 6. The State Register of geographical indications shall be kept and maintained by the Patent Office and shall contain:

1. the geographical indication and the type-designation of origin or geographical indication;

2. the number of the application and the date of filing;

3. registry number and date of registration;

4. the number of the class and the list of goods and classes of the international classification;

5. name and address of the user/users;

6. name and address of the industrial property representative, where authorized;

7. Description of the geographical boundaries of the place, of the qualities or characteristics of the product and their link with the geographical environment or the geographical origin;

8. number of the official bulletin of the Patent Office and the date of publication of the registration;

9. legal status of the registration;

10. change of name and/or address of a registered user. "

§ 5. Article 7 is amended as follows:

"Access to public records

Art. 7. Public registers under art. 5 and 6 are public and published on the website of the Patent Office. They are kept in paper form and on the electronic database managed by an information system. Any person may request the report or statement of their contents. "

§ 6. In art. 8 the following endorsements are added:

1. In paragraph 8. 1, after the word "file" "is inserted in paper and electronic form.

2. in the Al. 2, after the words "geographical indication" insert "in the manner prescribed".

§ 7. In art. 11 the following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a) in item 8) add "declared under art. 6 ter of the Paris Convention ';

(b)) a new item 9:

9. "a brand that contains symbols, emblems or escutcheons other than those set out under art. 6 ter of the Paris Convention and which are of particular public interest; ";

in the past) became item 9 item 10;

d) a new item 12:

12. mark which consists exclusively of applied for or registered geographical indication, acting on the territory of the Republic of Bulgaria, or of its derivatives ";

(e)) is hereby set up item 13:

13. a brand that contains the requested or registered geographical indication, acting on the territory of the Republic of Bulgaria, or of its derivatives, where the applicant is not a registered user of a geographical indication. "

2. in the Al. 3 the words "and 11" shall be replaced by ' 10 and 11 ".


§ 8. In art. 12 make the following amendments and additions:

1. In paragraph 8. 1:

and before that) the text shall be amended as follows: 1 "when the opposition was filed in accordance with art. 38 (b), shall not be registered brand ";

(b) in item 1) before the words "is identical" insert "that";

in item 2) before the word "because" is added "when";

d) point 3 shall be repealed.

2. paragraph 2 is replaced by the following:

"(2) an earlier trade mark within the meaning of para. 1 is:

1. brand with an earlier date of filing or with earlier priority, registered under this law;

2. the mark applied for with an earlier date of filing or with earlier priority, if it is registered under this Act;

3. a trade mark registered under the Madrid Agreement or Protocol with an earlier date of registration or with an earlier priority and recognized as action on the territory of the Republic of Bulgaria;

4. a trade mark registered under the Madrid Agreement or Protocol with an earlier date of registration or with earlier priority, if the action be recognized on the territory of the Republic of Bulgaria;

5. a Community trade mark with an earlier date of filing or with earlier priority or seniority earlier for the territory of the Republic of Bulgaria recognised under Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ, L 78/1 of 24 March 2009), hereinafter referred to as "Commission Regulation (EC) No 207/2009 ';

6. the Community trade mark applied for with an earlier date of filing or with earlier priority or seniority earlier for the territory of the Republic of Bulgaria, recognised pursuant to Regulation (EC) No 207/2009, if it is registered in accordance with this regulation;

7. a brand that is well-known in the territory of the Republic of Bulgaria at the date of filing of the application for the mark, according to the date of priority. "

3. Al are created. 5 and 6:

"(5) in the opposition brought by the holder of the actual brand, trade mark shall not be registered where it is stated by the name of the agent or representative of the actual proprietor without his consent.

(6) in the opposition brought by the actual proprietor of unregistered mark which is used in commercial activities on the territory of the Republic of Bulgaria, shall not register a mark whose filing date is later than the date of actual commercial use of unregistered mark. "

§ 9. In art. 21 the following modifications are made:

1. In paragraph 8. 3 the word "application" replaced with "request" and the word "which" shall be replaced by "which".

2. in the Al. 5 the word "after" shall be replaced by "the date of".

§ 10. In art. 22 is made the following changes and additions:

1. In paragraph 8. 5, first sentence, the word "application" replaced with "request" and the word "which" shall be replaced by "which".

2. in the Al. 6, after the word "from" add "date".

§ 11. Article 22A shall be replaced by the following:

"Right on the mark as an object of collateral

Art. 22. (1) the mark may be the subject of collateral taken or future action. The Court at the request of the interested party, without informing the other party, and any of the following protective measures:

1. the prohibition of the use of the rights to the brand from the holder or licensee;

2. Prohibition of the disposal of the rights to the brand from the holder or licensee of an exclusive licence.

(2) the imposition of preventive measure under para. 1 shall be made immediately by the bailiff on the basis of a precautionary warrant of the Court.

(3) the bailiff enforces a preventive measure under para. 1 by sending a message to the imposition to the proprietor of the trade mark.

(4) The Court shall be entered in the State Register of trade marks at the request of one of the parties to the claim. The application must include details of the proprietor of the trade mark and of the person in whose favor is granted security data for the brand and for a precautionary measure. Applies to the request a document that allowed the security.

(5) the security referred to in para. 1-4 have effect in respect of the proprietor or licensee of an exclusive licence from the date of receipt of the notice imposing a precautionary measure, and in respect of third parties, from the date of registration of the collateral in a public register of trade marks. "

§ 12. In art. 22 (b), para. 3 the word "now" is replaced by "date".

§ 13. In art. 22 in, al. 2 the word "application" be replaced with "request".

§ 14. In art. 23, para. 2 the words "person with a legitimate interest ' shall be replaced by" any person ".

§ 15. In art. 26 the following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "at the request of any person" shall be deleted.

2. in the Al. 3 in the text before point 1, the words "at the request of a person with a legitimate interest" shall be deleted and the word "before" when "and" is added.

3. Create a new para. 4 and 5:

"(4) a request under paragraph 1. 1 may be lodged by any person.

(5) a request under paragraph 1. 3 may be submitted by the following persons:

1. under item 1 – by the persons under art. 38 (b), para. 1 who have not exercised their right to lodge opposition under art. 38 (b) or (c) the opposition is rejected as inadmissible;

2. under item 3 and 4 – by the actual proprietor of the mark;

3. under item 5 – by the holder of the earlier right;

4. under item 6, by the trader who believes that his firm consists of or contained in the mark. "

4. The current paragraph. 4 it al. 6 and in her words "and 12 ' shall be deleted.

5. The current paragraph. 5 it al. 7.

6. The current paragraph. 6 it al. 8 and in her words "his request" shall be replaced by the words "his request".

7. the Previous para. 7 and 8 shall become al. 9 and 10.

§ 16. In art. Al 32. 1 shall be amended as follows:


(1) the application for registration of a trade mark shall be filed at the Patent Office directly, by post, fax or electronically. Where the application is filed electronically, the identification by a unique identifier of the applicant and the industrial property representative, as well as an electronic signature within the meaning of the electronic document and electronic signature are not required. "

§ 17. In art. 33, para. 2 the word "month" shall be replaced by "two".

§ 18. Article 35 shall be repealed.

§ 19. In art. 36 following amendments and supplements shall be made:

1. In paragraph 8. 1 the second sentence shall be replaced by the following: "When these requirements are not met, the application is considered to be a failure."

2. in the Al. 2: a) in the second sentence, the word ' three ' is replaced by ' within one month ';

(b) a new sentence) creates a third: "within one month after the expiry of that period, the fees may be paid in double size.";

in the third sentence) becomes the fourth sentence.

3. in the Al. 3, third sentence, the word "three" is replaced by "two".

§ 20. Article 36 (a) is repealed.

§ 21. Article 36 (b) is repealed.

§ 22. In art. 37 the following modifications are made:

1. Paragraph 1 shall be amended as follows: (1) within three months of completion of the formal examination or the publication of the international registration in the official bulletin of the Patent Office expertise is carried out under art. 11. "

2. Paragraphs 3 and 4 are hereby amended:

"(3) where the trade mark contains an element which is not distinctive, and where the inclusion of that item in the trade mark could give rise to doubts as to the scope of protection of the mark may be required as a condition of registration of the trade mark, the applicant declares that he will not rely on the exclusive rights in respect of this item.

(4) where, within the period referred to in paragraph 1. 2 the applicant does not respond, do not make reasonable objections and/or does not restrict the list of goods or services, shall decide on the total or partial refusal. Partial refusal, the applicant may, within two months of receipt of the decision or in proceedings on a complaint against the decision to apply for a division of the application. "

3. Paragraph 5 shall be repealed.

§ 23. Article 37 (a) is repealed.

§ 24. Art is created. 37 (b): "publication of the application

Art. 37 (b) (1) any application which meets the requirements of formal regularity and the requirements of art. 11 shall be published in the official bulletin of the Patent Office. Publication shall take place within one month after the completion of the expertise of art. 37 or after the entry into force of the decision referred to in art. 37, para. 4.

(2) the publication shall contain the file number, the filing date and the priority when claimed, details of applicant data for industrial property representative, where applicable, the type of mark, the representation of the mark, the classes and the list of goods and services for which the is requested.

(3) international registrations to which the Republic of Bulgaria is a designated country shall be published in the official bulletin of the Patent Office within one month of the notification of the Office for international registration.

(4) the application shall not be published when:

1. is withdrawn pursuant to art. 38, para. 1;

2. is considered withdrawn under art. 36, para. (2);

3. proceedings on her is terminated pursuant to art. 36, para. 5. "

§ 25. In art. 38 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "when the applicant withdraw his application, ordering termination of."

2. in the Al. 3 the word "application" replaced with "request".

§ 26. Create art. 38A – art. 38 (g):

"Observations by third parties

Art. 38. (1) within three months from the date of publication of the application, any natural or legal person, as well as associations representing manufacturers, producers, suppliers of services, traders or consumers may submit a notice of opposition to registration of the mark pursuant to art. 11.

(2) the opposition shall be filed in writing and shall contain reasons and motives.

(3) the objector, is not a participant in the proceedings on the application.

(4) the objection shall be sent to the applicant, which may deliver an opinion on it.

(5) the opposition shall be examined by the opposition Division.

Opposition against the registration

Art. 38 (b) (1) the proprietor of an earlier trade mark within the meaning of art. 12, al. 2 and 3, the licensee of an exclusive licence of the earlier mark, the actual owner of the unregistered mark which is used in commercial activities on the territory of the Republic of Bulgaria and of her application for registration was filed, as well as the holder of a trade mark, claimed in the name of the agent or representative of the proprietor without his consent, may, on the basis of art. 12, al. 1 to file opposition against:

1. registration of the mark applied for under this Act;

2. the recognition of the effects of an international registration in the territory of the Republic of Bulgaria.

(2) Opposition under para. 1 paragraph 1 shall be submitted within three months of publication of the mark applied for in the official bulletin of the Patent Office.

(3) Opposition under para. 1, item 2 shall be filed within the period between the 6th and the 9th month of the publication of the international registration in the official bulletin of the Patent Office.

(4) the opposition shall be filed in duplicate, must be motivated, to include details of the person who filed it, for the brand – the subject of opposition, the legal basis on which it is based and be accompanied by evidence where necessary. Where the opposition is based on a well-known mark or a mark having a reputation, it must be accompanied with evidence of knowledge or the reputation of the brand.

(5) The opposition shall apply a document for paid fee.

(6) to the opposition filed under para. 1, item 1, shall be notified to the applicant of the mark – object of the opposition.


(7) to the opposition filed under para. 1, item 2, shall be notified to the International Bureau.

Eligibility verification and formal regularity of the opposition

Art. 38. (1) For any opposition is checked whether it meets the requirements of art. 38 (b), para. 1, 2 and 3.

(2) Opposition, which is not submitted in time and/or for which the fee is not paid within the time limit under art. 38 (b), para. 2 or is filed by a person not under para. 1 is inadmissible and it is not formed, which shall be notified to the appellant.

(3) for any admissible opposition is checked whether it meets the requirements of art. 38 (b), para. 4 and when you find defects shall be notified to the person who submitted it, as his two-month period is provided for their removal. Where the deficiencies are not remedied within that period, the decision to discontinue the proceedings.

Opposition proceedings

Art. 38. (1) the opposition shall be examined by the opposition Division, consisting of three experts, one of whom is the Chairman of the composition.

(2) One copy of the opposition along with the evidence shall be sent to the applicant for the Community trade mark – opposition object. At the same time, the two sides sent notification that they are given three months to reach an agreement, which runs from the date of dispatch of the notification. This period may be extended twice with three months upon written request, signed by the parties.

(3) where the parties submit an agreement to the dispute within the time limit referred to in paragraph 1. 2, the opposition proceedings shall be terminated.

(4) where, within the period referred to in paragraph 1. 2 do not be lodged, the applicant agreement of the brand – the subject of opposition, is given two months to reply to the opposition. If within that period the applicant of the mark – the subject of opposition, did not respond, the decision is taken on the basis of opposition to it and the attached evidence.

(5) the reply of the applicant for the Community trade mark – opposition object, is sent to the applicant's opposition, provide one month for an opinion.

(6) at the request of the applicant for the Community trade mark – the subject of opposition, the opposition, the applicant presents evidence of the genuine use of the earlier trade mark during the five years preceding publication of the application of the brand – the subject of opposition or proof that there are proper reasons for non-use, provided that the earlier mark is registered for at least five years before the date of filing of the opposition. For the presentation of the evidence of the applicant's opposition, provide two months. If such evidence be presented, not a decision rejecting the opposition as unfounded.

(7) the request under paragraph 1. 6 in the first provided to the applicant the opportunity to submit a reply to the submitted opposition.

(8) within 6 months from the completion of the exchange of correspondence between the parties, the opposition Division considered the opposition, the opinion of the applicant for the Community trade mark – the subject of opposition, and the opposition, the applicant and the evidence, if any, and a decision.

(9) where the opposition is unfounded, it shall be decided for her rejection.

(10) where the opposition is well founded, the decision shall be taken for the total or partial refusal of registration of the trade mark – the subject of opposition.

(11) the procedure for shaping, filing and examination of oppositions is determined by an Ordinance of the Council of Ministers.

Stay of proceedings

Art. 38 (1) the opposition proceedings shall be suspended at the request of the applicant for the Community trade mark – opposition object when a request is made for cancellation, cancellation or termination under art. 23, para. 1, item 3 of the registration of the earlier mark.

(2) the opposition shall be suspended ex officio where the opposition is based on an earlier trade mark within the meaning of art. 12, al. 2, item 2, 4 or 6 or for which the trade mark has not expired the time limit for the submission of the request for renewal of registration in accordance with art. 39, para. 3, or when the decision on the opposition depends on the prior resolution of a matter to another authority.

(3) the proceedings referred to in para. 1 shall be resumed at the request of the applicant for the Community trade mark after the date of entry into force of the decision on the request or after the registration of the dissolution in the State Register of trade marks.

(4) the proceedings referred to in para. 2 shall be resumed ex officio after the entry into force of the decision referred to in the earlier application on which the opposition is based, after the expiry of the time limit under art. 39, para. 3 following the decision of the competent authority.

Registration

Art. 38. (1) within one month from the expiry of the time limit under art. 38 (b), para. 2 or 3, when no opposition has been filed or where opposition has been rejected in whole or in part as unfounded by judgment, the applicant is sent a notice of payment of fees for registration, publication, and issuance of certificate and provides one month for their payment. Fees may be paid in double the amount within one month after the expiry of the time limit.

(2) when the fees provided for in para. 1 be paid within one month a decision on registration of the trade mark. The trade mark shall be entered in the State Register of marks shall be published in the official bulletin of the Patent Office and the applicant shall be issued a certificate of registration.

Rendering decisions

Art. 38. (1) the decisions referred to in the application for registration of marks shall be laid down by a Government expert who leads and correspondence on request.

(2) decisions on oppositions did ordering of composition under art. 38 d, para. 1, whose Chairman is State expert. "

§ 27. In art. 39 the following modifications are made:


1. In paragraph 8. 1 the word "application" replaced with "request" and the word "accompanied" is replaced by "accompanied".

2. in the Al. 2 the word "Application" replaced with "Request".

3. in the Al. 3 the word "Application" replaced with "Request".

4. in the Al. 4 the word "application" replaced with "request".

§ 28. In art. 40 al. 1 shall be amended as follows: ' (1) the holder of a mark or the applicant is obliged to notify the Patent Office of any change in name and address within three months of completion. "

§ 29. In art. 41, para. 2 the word "application" replaced with "request".

§ 30. In art. 42 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) a new paragraph 3:

"3. Appeals against decisions of the oppositions under art. 38 in, al. 3 and art. 38 d, para. 6, 9 and 10; ";

(b)) previous paragraph 3 and 4 shall become paragraph 4 and 5.

2. a para. 4:

"(4) the procedure for the examination of disputes shall be determined by an Ordinance of the Council of Ministers."

§ 31. In art. 45 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "the President of the Patent Office" shall be deleted and the word "States" insert "are".

2. paragraph 2 is replaced by the following: "(2) where the appeal is well founded, the decision shall be cancelled and a decision to return the application for retrial, for registration of the trade mark or to the resumption of production."

3. in the Al. the words "by the President of the Patent Office" shall be deleted.

4. a new para. 4:

"(4) the decisions referred to in paragraph 1. 1-3 are taken by the President of the Patent Office or authorized by him Deputy President. "

5. The current paragraph. 4 it al. 5. § 32. In art. 46 following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the second sentence: "when the request is under art. 26, al. 3, item 4 and is accompanied by the judgment, with which it has been established that the applicant was acting in bad faith when filing the application is not sent a copy of the request of the proprietor of the trade mark, and a decision about cancellation of the mark. "

2. in the Al. 4, the words "the President of the Patent Office" shall be deleted and the word "take" is added "."

3. in the Al. 5, the words "the President of the Patent Office" shall be deleted and the word "take" is added "."

4. a new para. 6:

"(6) the decisions referred to in paragraph 1. 1, 4 and 5 shall be taken by the President of the Patent Office or authorized by him Deputy President. "

5. The current paragraph. 6 it al. 7.6. The current al. 7 it al. 8 and the word ' three ' is replaced by ' six-month ".

§ 33. Article 47 shall be amended as follows:

"Extension of time limits

Art. 47. The time limits referred to in art. 36, para. 3, art. 37, para. 2, art. 38 in, al. 3 and art. 38 d, para. 4 and 6 may be extended once for the same duration at the request of the applicant or the holder, made before their expiry. The request is not respected when it is not attached to the document for the fee paid.

§ 34. In art. 48 the following modifications are made:

1. In the first sentence, the word "application" replaced with "request".

2. in the second sentence, the word "Application" replaced with "Request".

§ 35. In art. 49 words "well-known mark and a mark having a reputation ' shall be deleted and the word" them "is replaced with" her. "

§ 36. In art. 50 a, para. 2 section 2 is amended as follows:

"2. The Patent Office on opposition or request for cancellation of the registration."

§ 37. Article 50 (b) is repealed.

§ 38. In art. 57A, al. 2 the words "Ministry of agriculture and food" are replaced by "the Ministry of agriculture and food".

§ 39. In art. 60 para. 1 shall be amended as follows:

(1) the application for registration of a geographical indication shall be filed at the Patent Office directly, by post, fax or electronically. Where the application is filed electronically, the identification by a unique identifier of the applicant and the industrial property representative, as well as an electronic signature within the meaning of the electronic document and electronic signature are not required. "

§ 40. In art. 63, para. 1 to create the second and third sentences: "the application is filed at the Patent Office directly, by post, fax or electronically. Where the application is filed electronically, the identification by a unique identifier of the applicant and the industrial property representative, as well as an electronic signature within the meaning of the electronic document and electronic signature are not required. "

§ 41. In art. 66 is hereby amended as follows:

1. In paragraph 8. 1:

a) in the first sentence the word "application" replaced with "request" and the word "filed" is replaced by "made";

(b) in the second sentence) the word "Application" replaced with "Request" and the word "it" is replaced by "it".

2. in the Al. 2 the word "application" replaced with "request" and the word "Application" replaced with "Request".

§ 42. In art. 69, para. 4 the word "application" replaced with "request" and the word "accompanied" is replaced by "accompanied".

§ 43. In art. 72 and the following modifications are made:

1. In paragraph 8. 1 the words ' Regulation 40/94/EC of the Council on the Community trade mark, hereinafter referred to as ' the regulation ' shall be replaced by ' Regulation (EC) No 207/2009 ".

2. in the Al. 4 and 5, the word "Regulation" is replaced by "Regulation (EC) No 207/2009".

§ 44. In art. 72 b, para. 1 the word "Regulation" is replaced by "Regulation (EC) No 207/2009".

§ 45. In art. 72 in the following modifications are made:

1. In paragraph 8. 1 the words "art. 108-110 of the regulation ' shall be replaced by "art. 112-114 of Regulation (EC) No 207/2009 ".

2. paragraph 2 is replaced by the following:

"(2) where the request under para. 1 be allowed by the Office for harmonization in the internal market (trade marks and designs) and was sent to the Patent Office, the Patent Office shall notify the applicant or proprietor of the Community trade mark, it will consider the request within two months if the applicant provides:

1. translation of documents of Bulgarian language;

2. the image of the brand;

3. a document for paid subscription fees and expertise;


4. local industrial property representative. "

§ 46. In art. 72 everywhere the word "Regulation" is replaced by "Regulation (EC) No 207/2009".

§ 47. In art. 72 (e), the word "Regulation" is replaced by "Regulation (EC) No 207/2009".

§ 48. In art. 81 establishes new al. 6: "(6) paragraphs 1 to 5 shall not apply in respect of goods that are in transit through the territory of the Republic of Bulgaria."

§ 49. In art. 82 following amendments and supplements shall be made:

1. In paragraph 8. 1: a) after the word "test", and the text is placed to the end point is deleted;

(b)) the second sentence shall be: "for carrying out the verification may require the assistance of the Ministry of the Interior."

2. paragraph 2 is repealed.

§ 50. In § 1 of the additional provisions are made the following amendments and additions:

1. point 9 shall be repealed.

2. Create t. 13, 14 and 15:

"13." Opposition "is a possibility, with which the persons under art. 38 (b), para. 1 have to oppose the registration of a mark applied in accordance with this law or of the recognition of the effects of an international registration in the territory of the Republic of Bulgaria.

 14. "agent or representative ' for the purposes of art. 26, al. 3, item 3 is any person or should act in the interests of the actual owner of the trade mark on the basis of legal or factual connection to him in respect of the goods or services identified by the mark.

15. "company" for the purposes of art. 26, al. 3, t. 6 does not include the type of salesperson. "

§ 51. In § 26 of the transitional and concluding provisions of the law amending and supplementing the law on marks and geographical indications (SG., 2006 73) is hereby amended as follows:

1. In paragraph 8. 2 the word "Regulation" is replaced by "Regulation (EC) No 207/2009".

2. in the Al. 3 the words "art. 42 of the regulation ' shall be replaced by "art. 41 of Regulation (EC) No 207/2009 "and the words" art. 8 of the regulation ' shall be replaced by "art. 8 of Regulation (EC) No 207/2009 ".

3. in the Al. 4:

a) in paragraph 1 the words "art. 51 of the regulation ' shall be replaced by "art. 52 of Regulation (EC) No 207/2009 ';

b) in paragraph 2 the words "art. 52, para. 1 and 2 of the regulation ' shall be replaced by "art. 53, para. 1 and 2 of Council Regulation (EC) No 207/2009 ".

4. in the Al. 5, the words "article. 106 and 107 of the regulation ' shall be replaced by "art. 110 and 111 of Regulation (EC) No 207/2009 ".

Transitional and final provisions

§ 52. (1) this law shall apply to applications for registration of trade marks and applications for the registration of geographical indications which are filed after its entry into force, as well as for requests for registration of trade marks for registration of geographical indications, in which there is no final decision.

(2) applications for registration of trade marks which were published prior to the entry into force of this law shall be dealt with in the previous row.

§ 53. This Act applies in respect of requests for cancellation and cancellation of the registration on which the pending its entry into force there is no judgment.

§ 54. Requests for a declaration of a well-known brand or benefiting the prominence that pending the entry into force of this law, no judgment shall be treated in the previous row.

§ 55. The Council of Ministers shall adopt Ordinance referred to in art. 38 d, para. 11 and the Ordinance under art. 42, para. 4 within 6 months from the entry into force of this law.

§ 56. In patent law and the registration of utility models (promulgated, SG. 27 of 1993; amend. 83/1996, no. 11 of 1998, no. 81 of 1999 No. 45 and 66 of 2002; Corr. 68/2002; amend., no. 17 of 2003, 30 and 64/2006, no. 31 and 59 since 2007 and 36/2008) in art. 81, para. 1 the words "issued regulations for the internal structure of the Office" shall be replaced by the words "approves the rules of procedure of the Office and shall publish it in the Official Gazette.

§ 57. The law shall enter into force three months after its publication in the Official Gazette with the exception of § 1, 3, 5, 6, § 7, paragraph 1, letters "d" and "e", § 8, 15, 16, 17, 19, 20, 24, 26, 30, 33, 35, 36, 37, 39 and 40, which shall enter into force 12 months after the promulgation of the law.

The law was adopted by 41-Otto National Assembly on 26 February 2010, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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