PROTECTION OF A BUSINESS NAME IN CASE OF SIMILARITY OR IDENTITY OF BUSINESS NAMES AND/OR TRADEMARKS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
In Bulgarian legislation, the regulatory framework of а business name was supplemented by two new paragraphs of article 7 of the Commerce Act (SG № 34/2011). The changes were almost immediately subject to criticism by the doctrine. This report analyzes, on one side, the business name, focusing on the protection provided in violation of the right of the business name under Art. 7, para. 4 of the Commerce Act in case of bad faith application or use of business name, and on the other side, the newly introduced prohibition under art. 7, para. 5 of the Commerce Act for similarity or identity between a registered business name and a trademark, unless the merchant has rights in the trade mark. An overview of the case law has been made. The purpose of the research problem is to answer the question of whether adequate protection of the right of business name has been provided by the legislator in cases where a business name in a bad faith has been registered similar to an already existing one or with trademark.
Authors and Affiliations
Anna NIKOLOVA
Keywords
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