Trademark Enforcement in Turkey

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Trademark Enforcement in Turkey

According to the Turkish laws and regulations, A trademark owner is entitled to prevent all third parties not having his consent from using the trademark as described herewith:

  • Use of any sign that is identical with the registered trademark in connection with the same goods or services within the scope of the trademark registration;
  • Use of any sign that is identical with or similarity to the registered trademark in relation to goods or services which are not similar to those for which the trademark is registered, where the  that sign without due cause takes unfair advantage of or is detrimental to the distinctive character or the repute of the registered trademark.
  • Use of any sign that is identical with or similar to a registered and covers the same or similar goods or services as those covered by the registered trademark and  consequently entails a likelihood of confusion of the public, including the possibility of suggesting a connection between the sign and the registered trademark,

The following acts may be prohibited pursuant to the first paragraph,

  • Affixing a sign on the product or its or its packaging,
  • Using the sign on business documents advertisements of the enterprise.
  • Importing or exporting the goods under that sign,
  • Offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder,

The rights conferred by a registered trademark shall prevail against third parties from the date of publication of registration of the trademark. Compensation may be claimed in respect of matters arising after the date of publication of a trademark application. However, the rights arising from the publication of a trademark application shall be considered within the rights conferred by the publication of the registration of a trademark. The IP Court seized of the case may not decide upon the merits of the case until the registration has been published.

* With the New IP Law No.6769 which has entered into force as of 10th January 2017, there is no longer criminal actions for trademark matters.