Customs Recordal in Bulgaria: How to File an Application for Action (trademark) and What to Expect in 2026

Last updated: 25 May 2026

Customs recordal in Bulgaria gives trademark owners one of the most powerful frontline tools available for stopping counterfeit goods before they reach domestic consumers. Under Regulation (EU) No 608/2013, the EU framework governing customs enforcement of intellectual property rights, brand owners and their representatives can file an Application for Action (AFA) with the Bulgarian National Customs Agency, instructing border officials to detain suspect consignments on sight. With Bulgarian customs authorities continuing to prioritise seizure of counterfeit goods in 2026, and with the EU’s electronic Application for Action (eAFA) system through the IP Enforcement Portal (IPEP) now fully operational, the procedural pathway for customs recordal of a Bulgaria trademark has never been more accessible.

This guide walks in-house counsel and brand protection teams through every stage of the process, from the initial compliance decision and evidence preparation to filing, detention timelines and enforcement outcomes.

Quick Compliance Decision: Should You Record With Customs in Bulgaria?

Customs protection in Bulgaria is not the right tool for every brand-protection problem. It works best when infringing goods physically cross the Bulgarian border, whether entering from non-EU countries, transiting through Bulgarian ports and airports, or arriving via postal and courier channels. Before committing resources to an Application for Action, rights holders should assess whether customs recordal addresses the actual threat or whether alternative routes, such as civil interim injunctions, marketplace takedowns or criminal complaints to the Bulgarian prosecution authorities, would deliver faster results.

Industry observers recommend recording with customs when at least two of the following conditions are present:

• High-risk product category. The goods are in a sector with documented counterfeiting patterns (clothing, electronics, pharmaceuticals, cosmetics, automotive parts, toys).
• Repeat import routes. Intelligence or prior seizures suggest that infringing goods regularly enter Bulgaria through specific customs offices, freight corridors or postal hubs.
• Inability to police at retail level. The volume or geographic spread of counterfeits makes point-of-sale enforcement impractical or uneconomic.
• Existing EU trade mark or international registration. Rights that are already registered centrally can be recorded across multiple EU Member States through a single eAFA filing, making Bulgaria a natural addition to a pan-European border strategy.

If the primary threat is online infringement within Bulgaria rather than physical importation, a combination of civil enforcement and platform-specific takedown procedures will typically be more effective than customs recordal alone.

Who Can Apply and Prerequisites for Customs Recordal of a Bulgaria Trademark

Eligible Rights and Proof of Ownership

Regulation (EU) No 608/2013 covers a broad range of intellectual property rights eligible for customs enforcement, including registered trademarks, designs, patents, geographical indications and copyright. For trademark-specific customs recordal in Bulgaria, the following registrations are accepted:

• National Bulgarian trademark. Registered with the Bulgarian Patent Office (BPO) under the Marks and Geographical Indications Act.
• EU trade mark (EUTM). Registered with the European Union Intellectual Property Office (EUIPO), providing protection across all EU Member States including Bulgaria.
• International registration designating Bulgaria. Filed through the WIPO Madrid System and designating either Bulgaria directly or the European Union.

In each case, the applicant must supply a certified copy or official extract of the registration confirming that the mark is in force. For BPO trademarks, certified extracts can be requested through the BPO’s electronic services platform. For EUTMs, an extract downloaded from the EUIPO eSearch database is generally sufficient.

Who May File the Application

An Application for Action may be filed by:

• The registered owner of the intellectual property right.
• An exclusive licensee, provided they hold written authorisation from the owner or a licence agreement that explicitly permits the licensee to initiate enforcement measures.
• An authorised representative, typically a local IP attorney or law firm acting under a signed power of attorney (POA).

Where a representative files on behalf of the rights holder, the POA must clearly state authority to submit the AFA, receive correspondence from customs and take decisions regarding detained goods. For filings with the Bulgarian National Customs Agency, the POA should be notarised or apostilled if executed outside Bulgaria, and accompanied by a certified Bulgarian translation where the original is in a language other than Bulgarian or English.

Step-by-Step: Filing an Application for Action for Customs Recordal in Bulgaria

There are two parallel pathways for filing an Application for Action with Bulgarian customs, and the choice depends on the type of intellectual property right being recorded and whether the applicant seeks protection in Bulgaria alone or across multiple EU Member States.

Pathway 1, EU eAFA via the IP Enforcement Portal (IPEP)

For holders of an EU trade mark or an international registration designating the EU, the most efficient route is to file an electronic Application for Action through the EUIPO’s IP Enforcement Portal (IPEP). The eAFA system allows rights holders to submit a single application requesting customs action in multiple Member States, including Bulgaria. The Bulgarian National Customs Agency receives the application electronically and processes it according to the timelines set out in Regulation (EU) No 608/2013.

Pathway 2, National Application to the Bulgarian National Customs Agency

For holders of a national Bulgarian trademark registered with the BPO, or for rights holders who prefer to file directly with the Bulgarian authorities, a national AFA can be submitted to the Customs Agency’s central administration in Sofia. This route uses the standard AFA form prescribed by Implementing Regulation (EU) No 1352/2013.

Numbered Filing Steps

1. Prepare the evidence pack. Assemble all documents proving ownership, product authentication materials and intelligence on suspected infringing trade routes (see the detailed evidence section below).
2. Obtain certified trademark extracts. For a BPO trademark, request an official certified extract through the Bulgarian Patent Office’s electronic filing system. For an EUTM, download a certified extract from eSearch Plus. For Madrid registrations, obtain a certificate from the WIPO Madrid Monitor.
3. Prepare the power of attorney. If filing through a representative, execute a notarised POA specifying the representative’s authority to file the AFA, receive and respond to detention notifications and take enforcement decisions.
4. Complete the AFA form. Use the standard form set out in Implementing Regulation (EU) No 1352/2013. The form requires: identification of the applicant, details of the intellectual property right, a description of authentic goods, information about authorised importers and distributors, and any intelligence about suspected counterfeit shipments.
5. Select the filing channel. For an EU-wide or multi-state application, create an IPEP account at the EUIPO portal and file the eAFA electronically. For a national-only application, submit the completed form and supporting documents to the Bulgarian National Customs Agency’s IP unit.
6. Submit the declaration of liability. Under Regulation (EU) No 608/2013, the applicant must include a written declaration accepting liability for costs incurred by customs in detaining and storing goods, and for any damages to the goods’ consignee if the detention is later found to have been unjustified.
7. Confirm receipt and obtain a reference number. After submission, customs will issue a confirmation of receipt. For eAFA filings via IPEP, the reference number is generated automatically. For national filings, request written confirmation from the Customs Agency.
8. Respond to any requests for additional information. Customs may ask for supplementary evidence or clarification before granting the application. Respond promptly to avoid processing delays.
9. Receive the decision. Under Regulation (EU) No 608/2013, the competent customs department must notify the applicant of its decision within 30 working days of receiving a properly completed application. If granted, the AFA is valid for one year and can be renewed.
10. Coordinate with the assigned customs officer. Once the AFA is granted, establish a point of contact at the relevant customs office. Provide updated intelligence about suspect shipments, new product lines, seasonal import patterns and any changes to authorised distribution channels.

For rights holders seeking to protect their intellectual property across borders, the eAFA route is particularly efficient because a single filing can cover every EU customs authority, including Bulgaria, without the need to submit separate national applications.

Evidence Pack: What to Include and How to Format It

The quality and completeness of the evidence pack directly determines how effectively Bulgarian customs officers can identify counterfeit goods during inspections. A well-prepared evidence bundle allows officers to make rapid visual assessments, compare suspect products against authenticated samples and justify detention decisions.

Minimum Mandatory Items

• Certified copy of trademark registration. BPO extract, EUTM certificate or WIPO Madrid certificate confirming the mark is in force and identifying the registered owner.
• Product description and images of authentic goods. Clear, high-resolution photographs showing the genuine product from multiple angles, including close-ups of the trademark as applied, holographic security features, packaging details and labelling.
• List of authorised importers, distributors and licensees. Names, addresses and contact details of every entity authorised to import or distribute the trademarked goods in Bulgaria and the EU.
• Intelligence on suspected infringements. Any information about known counterfeit suppliers, suspect shipping routes, prior seizures or test purchases.
• Declaration of liability. A signed statement accepting responsibility for detention costs and potential damages as required by Regulation (EU) No 608/2013.

Best Practice: Digital Naming Conventions and Translations

Organise all digital files using a consistent naming convention, for example, [BrandName]_[DocType]_[Date], and compile them into a single indexed PDF with bookmarks for each document category. Where original documents are in a language other than Bulgarian or English, provide certified translations alongside the originals. The Bulgarian National Customs Agency will accept documents in English for IPEP-routed applications, but national-pathway filings may require Bulgarian translations of key supporting documents.

Rights holders managing enforcement across multiple jurisdictions may wish to consult the International Intellectual Property practice guide for a broader perspective on evidence standards and cross-border coordination.

Customs Detention and Timelines in Bulgaria

Once an Application for Action is granted, Bulgarian customs officers are authorised to detain goods suspected of infringing the recorded trademark. The detention procedure and timelines are governed by Regulation (EU) No 608/2013, which sets harmonised deadlines across all EU Member States. The practical application of these deadlines within Bulgaria follows the framework below.

The 10-working-day response window is critical. If the rights holder does not confirm infringement, initiate legal proceedings or request the simplified destruction procedure within that period, or within the extended 20-working-day window if an extension has been granted, customs must release the goods. Industry observers note that in practice, rights holders operating in Bulgaria should aim to respond within five working days to allow time for any administrative delays in communication.

For small consignments (typically postal and courier shipments containing three units or fewer), Regulation (EU) No 608/2013 provides a streamlined destruction procedure that does not require the rights holder to initiate court proceedings, provided the applicant has requested use of this procedure in the original AFA and the declarant does not oppose destruction.

Outcomes and Next Steps: Seizure, Destruction, Release and Civil Remedies

After customs detains goods under an Application for Action in Bulgaria, the enforcement pathway diverges depending on the response of the rights holder and the position taken by the importer or declarant. The principal outcomes are:

• Simplified destruction. Where the rights holder confirms infringement and the declarant does not object within the prescribed period, the goods are destroyed under customs supervision. The rights holder bears the costs of destruction and any storage charges. This is the fastest and most common resolution for clear-cut counterfeits, and it avoids the cost and delay of court proceedings.
• Court proceedings (civil injunction). If the declarant opposes destruction or the rights holder wishes to pursue damages, formal court proceedings must be initiated within the deadline. The competent Bulgarian court can order seizure, forfeiture and destruction of the goods, and may award damages to the rights holder.
• Criminal referral. In cases involving large-scale or systematic counterfeiting, trademark enforcement in Bulgaria can include a criminal complaint to the Bulgarian prosecution authorities. Under Bulgarian criminal law, commercial-scale trademark counterfeiting is a criminal offence punishable by fines and imprisonment.
• Release of goods. If the rights holder fails to act within the statutory deadline, or if inspection reveals the goods are genuine, customs must release them to the consignee. The rights holder may be liable for storage costs and, in cases of unjustified detention, for damages to the consignee.

Cost considerations are important in every enforcement decision. Storage charges at Bulgarian customs warehouses accrue from the date of detention, and destruction costs vary depending on the nature and volume of the goods. Rights holders should factor these expenses into their annual brand-protection budgets and maintain a standing fund or insurance arrangement to cover them.

Understanding the distinction between why trademark protection matters in theory and executing effective border measures in practice is central to building a sustainable enforcement programme.

Coordination With BPO, EU Bodies and Cross-Border Issues

When an EU trade mark is the basis for customs recordal, the eAFA filed through IPEP automatically notifies the customs authorities of every designated Member State, including Bulgaria. This means the Bulgarian National Customs Agency receives the application electronically and coordinates with its EU counterparts where a shipment is identified as transiting through multiple jurisdictions. For rights holders managing intellectual property rights protection in Bulgaria alongside enforcement in neighbouring countries, Romania, Greece, Serbia (for goods entering the EU through Bulgarian borders), the IPEP system provides a single dashboard for tracking applications, detention notifications and outcomes.

The Bulgarian Patent Office also plays a coordination role. Where the validity of a national BPO trademark is challenged by the importer as a defence against detention, the BPO’s records serve as the authoritative reference. Rights holders should ensure their BPO registrations are current, with all renewals filed and any ownership changes recorded, to prevent procedural challenges during enforcement.

Practical Checklists and Templates for Customs Recordal in Bulgaria

The following quick-reference checklist summarises the items required for a complete Application for Action filing:

• Completed AFA form (Implementing Regulation (EU) No 1352/2013 format)
• Certified copy of trademark registration (BPO, EUTM or WIPO Madrid extract)
• Signed declaration of liability
• Power of attorney (if filing through a representative, notarised, apostilled if executed abroad, with certified Bulgarian translation)
• Product authentication guide with high-resolution photos of genuine goods
• List of authorised importers, distributors and licensees (names, addresses, contact details)
• Intelligence dossier on suspected counterfeit sources, routes and prior seizures
• Evidence index, single PDF with bookmarks for each document type
• Cover letter identifying the applicant, the right to be protected and the Member States where protection is sought

Maintaining a standardised evidence pack template that can be updated with new product lines and intelligence as they emerge allows rights holders to respond rapidly when new counterfeit threats are identified, rather than assembling documentation from scratch each time a new AFA or renewal is needed.

Quick Q&A for In-House Counsel

• Can customs seize goods without a court order? Yes. Under Regulation (EU) No 608/2013, Bulgarian customs can detain goods on their own initiative or based on a granted Application for Action, without requiring prior court authorisation. Court proceedings become necessary only if the declarant opposes destruction or the rights holder seeks damages.
• Do I need a national Bulgarian registration, or is an EUTM sufficient? An EU trade mark provides full coverage in Bulgaria without the need for a separate national registration. An EUTM-based AFA can be filed through IPEP and will be processed by the Bulgarian National Customs Agency.
• How long should I expect to pay storage fees? Storage fees accrue from the date of detention until the goods are destroyed, released or removed. For straightforward cases resolved through the simplified destruction procedure, the likely practical timeframe is two to four weeks. Contested cases that require court proceedings may take significantly longer.
• Can I file one application covering multiple trademarks? Each Application for Action must relate to a single intellectual property right. If you hold multiple trademarks for different product lines, separate AFAs are required for each.
• How do I renew a granted AFA? An AFA is valid for one year from the date it is granted. Renewal applications should be submitted before the expiry date, following the same procedural requirements as the original filing. To locate a qualified IP lawyer in Bulgaria, consult our global directory.

Sources

1. Bulgarian Patent Office, Trademarks / Electronic Filing
2. Bulgarian National Customs Agency
3. EUIPO, Application for Action / eAFA / IPEP Guidance
4. Regulation (EU) No 608/2013, EUR-Lex
5. WIPO, Madrid System Guidance
6. CMS Legal, Bulgaria Trade Mark Law Update
7. PETOŠEVIĆ, Procedural Note on IP Border Measures
8. GOV.UK, Apply for Action to Protect Your IP Rights