RIGHTS ARISING FROM TRADEMARK REGISTRATION
A registered trademark grants exclusive rights to the registrant and protects the rights holder from unfair actions committed by the trademark owner and third parties.
The scope of rights arising from trademark registration is determined by Decree No. 556 and Article 9, and is explained in this article.
Th e trademark owner may request that the use of their trademark without their permission and approval be prevented in the following cases:
The use of any sign identical to the registered trademark in relation to the same goods or services covered by the trademark registration,
The use of any sign identical or similar to a registered trademark, including the use of any sign covering the same or similar goods or services and therefore likely to create confusion between the signs, may be requested for identical or similar trademarks.
Actions that may be prohibited at the request of the trademark owner:
Placing the trademark on products or packaging may be prohibited. Since placing a registered trademark or logo on products or packaging by another party constitutes an infringement of trademark rights, this may be prohibited at the request of the trademark owner.
lass=”yoast-text-mark” />>The marketing or stocking of goods bearing the infringing trademark may be prohibited. The placing on the market of goods bearing the trademark by another person without the trademark owner’s permission and approval constitutes an infringement of trademark rights.
The import and export of goods bearing the trademark may be prohibited. In other words, the import or export of goods bearing the trademark from abroad without the trademark owner’s permission also constitutes an infringement of trademark rights. Therefore, if goods bearing a trademark registered in Turkey on behalf of another party are produced solely for export and sent abroad without entering the Turkish market, the trademark owner may request that counterfeit goods be seized at the factories and warehouses where they were produced and exported, and prosecutors may file a lawsuit against those producing counterfeit goods.
The use of the infringing trademark or logo in commercial documents and advertisements may be prohibited.
CIRCUMSTANCES WHERE TRADEMARK RIGHTS ARE DEEMED TO HAVE BEEN INFRINGED
Trademark infringement is defined as “the commercial use of the same trademark or a trademark that is indistinguishably similar to the registered trademark on goods or services covered by the trademark without the consent of the trademark owner or an authorized person.”
Acts suspected of infringing the trademark are subject to Article 61 of Decree No. 556 and are explained in detail in the article. These acts are as follows:
Article 9 explains the Scope of Rights Arising from Trademark Registration. Violation of the article:
2. Counterfeiting a trademark by using a trademark or a trademark that is indistinguishably similar without the trademark owner’s permission.
3. Selling, distributing, and obtaining for commercial purposes counterfeit trademarked products used through infringement.
4. Extending the license rights granted by the trademark owner without the trademark owner’s permission or transferring them to another party without permission.
5. Participating in trademark infringement actions, encouraging or facilitating the commission of infringement actions.
6. Refusing to disclose where counterfeit branded products were purchased.
The lawsuits and claims that the trademark owner may file in civil and criminal courts are as follows:
1. The trademark owner may file a lawsuit to obtain evidence for the identification of persons infringing on trademark rights.
2. T he trademark owner may request the cessation of acts infringing on trademark rights.
The trademark owner may request the confiscation of goods used in production or use requiring a fine, as well as the tools used in the production of these goods.
>The trademark owner may request that the ownership of the seized counterfeit goods be transferred to them.
>Th e trademark owner may request that the trademarks on the seized goods and tools be removed or, if removal is not possible, destroyed.<br class=”yoast-text-mark” />>The trademark owner may claim material and moral damages from those who use the trademark without permission.
The trademark owner may apply to the court for compensation for lost income in addition to material and moral damages. The provisions regarding loss of income are set forth in Article 66 of Decree No. 556. According to this article, depending on the trademark owner’s preference, the calculation is made according to one of the following assessment methods.
Based on the potential income that the trademark owner could have earned by using the trademark if the person infringing the trademark right had not competed; based on the income earned by the person infringing the trademark right by using the trademark; based on the license fee that the person infringing the trademark right would have to pay if they used the trademark in accordance with the law and under a license agreement.
8. The trademark owner may request that the court decision be made public through publication.
8. The trademark owner may request that the court decision be made public through publication.
9. The trademark owner may request that customs authorities seize counterfeit goods during import or export.
10. The trademark owner may file a complaint with the prosecutor’s office against those who commit trademark counterfeiting offenses and, upon the prosecutor’s decision, may request law enforcement to seize counterfeit products and may initiate public prosecution against those who produce and sell counterfeit products.