Evaluation of Well-Know Trademarks and Trademarks with Reputation in Enforcement Procedures
Evaluation of Well-Know Trademarks and Trademarks with Reputation in Enforcement Procedures

Summary/Abstract: Well-known trademarks and trademarks with reputation possess higher market value than that of all other trademarks, owing to their enhanced distinctiveness and established reputation. As property rights, trademark rights may serve to secure the obligations of their holders towards creditors. Amendments to Bulgarian Code of Civil Procedure expressly provide for the possibility of enforcement over such right and determine the applicable procedures. Well-known trademarks enjoy protection without the need for their registration, however, in such cases, enforcement is not possible without registration under the general trademark regime. Another problem is the assessment of the value of well-known trademarks and trademarks with a reputation in the enforcement proceedings. The article examines the specifics of well-known trademarks and trademarks with reputation in relation to the determination of their value and analyses the problems that arise in the enforcement procedures.

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