Handbuch Osteuropa

FiFo Ost

TRADE NAME AND SEAT


Definition
Article 7
(1)
A trade name shall be the name under which a merchant shall carry on its business and under which it shall sign.
(2)
In addition to the necessary content established by law, a trade name may also denote the purposes of a business, the names of the partners, and a freely chosen extension. A trade name must correspond to the truth, must not deceive, and must not be offensive to public order and morals.
(3)
The merchant shall mandatorily inscribe its trade name in Bulgarian. It may additionally inscribe it in a foreign language.


Trade Name of a Branch
Article 8

The trade name of a branch shall incorporate the trade name of the merchant and the extension "branch".


Trade Name During Liquidation
Article 9

The trade name of a merchant which has been declared in liquidation shall carry the extension "in liquidation", and upon declaration of bankruptcy - "in bankruptcy".


Change of Trade Name
Article 10
(1)
A trade name may be changed upon an application by the merchant which has registered it.
(2)
Should a trade name contain the name of a retiring partner, it may be preserved only with that partner's consent.


Exclusive Right
Article 11
(1)
A trade name may be used only by the merchant which has registered it.
(2)
In case of use of another's trade name the interested parties shall be free to seek an injunction, as well as damages for such use.


Seat and Registered Office
Article 12
(1)
A merchant's seat shall be the community where its registered office is located.
(2)
A merchant's address shall be the address of its registered office.


Obligation to Provide Data
Article 13
(1)
(prev. Art. 13 - SG 84/2000) A merchant shall provide the following data on all its commercial correspondence: trade name; seat and registered office; court of registration; registration number and bank account. A merchant may also provide a forwarding address.
(2)
(New, SG 84/2000)In the commercial correspondence of a branch except the data under the previous paragraph concerning the merchant opened the branch, shall be obligatory to indicate also the court of the registration of the branch and the its number of registration.


Change of Seat
Article 14
(1)
Any relocation of a merchant's registered office to another community shall be declared before the court with which the merchant is registered, within the time period set forth in Article 4, paragraph 3.
(2)
A relocation of the registered office to the district of another court shall be declared within the time period set forth in the preceding paragraph before the court where the merchant's new registered office shall be located.
(3)
The court of the original registration shall forthwith forward through official channels the merchant's commercial file to the court where the new registered office is located.
 
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