The trademark right, which is within the industrial rights under the intellectual property rights, which is a superior concept, can be considered as an intangible (non-material) property right. In case of registration of the trademark, the right owner has the authority to use monopoly on this trademark. Since it can be asserted against any third party who commits infringement, the trademark right, like other industrial rights, gives the owner absolute sovereignty. (“Türk Patent ve Marka Kurumu” – Turkish Patent and Trademark Office)
In case of product imitation determined by the Turkish Patent and Trademark Office, legal actions will be taken.
In this sense, registration has a constitutive effect. Within the framework of the provisions of Decree Law No. 556, the product or service related to the right under protection without the permission of the registered trademark owner is provided by third parties;
– cannot be produced,
– may not be placed on the market,
– no obligation can be made to make a contract,
– cannot be imported or exported,
– may not be used for commercial purposes or possessed for such purposes,
– cannot be stockpiled for these purposes.
Trademark Infringement Cases
The cases to be considered as infringement of trademark rights are determined by Decree Law No. 556 and the possibility of legal and criminal proceedings against these acts is granted to the right holders.
Cases of trademark infringement,
– Selling, distributing or otherwise placing in the trade area such products or importing them for commercial purposes or possessing them for commercial purposes even though they knew or should have known that they were being counterfeited
– Extending the rights granted by the license without permission or transferring them to third parties
– To encourage, assist, or encourage or facilitate the performance of such acts in whatever form and circumstances
– Refrain from reporting where the goods in his possession that are unjustly produced or taken out of the trade area are taken from or how they are provided
Lawsuits That Can Be Opened in Case of Rape
Legal actions to be taken by the right holder in cases of violation or infringement
1- Sending a notice or warning letter through a notary public
2- To open a civil case in the authorized and competent court
3- To file a criminal complaint with the competent and competent public prosecutor’s office