RIGHTS ARISING FROM TRADEMARK REGISTRATION

RIGHTS ARISING FROM TRADEMARK REGISTRATION

A registered trademark provides the registrant with the exclusive right to its owner and protects the right holder from unfair actions committed by the trademark owner’s third parties.

The scope of the rights arising from trademark registration is determined by Decree No. 556 No. 9.it is described in the article.

The trademark owner may request the prevention of the use of his trademark without his permission and consent in the following cases;

1. The use of any mark that is identical to the registered trademark in relation to the same goods or services that fall within the scope of trademark registration,
2. With a registered trademark identical or similar trademarks covering identical or similar goods or services that are covered by the public of goods or services and therefore on the possibility that there is a connection between a sign with the trademarks, including the use of any mark that is likely to be confused, in cases of can be requested.

Actions that can be prohibited at the request of the brand owner;

1. It may be forbidden to put the mark on the goods or its packaging. Since the placement of a registered trademark or logo on the goods or packaging by someone else violates the trademark right, this may be prohibited at the request of the trademark owner.
2. It may be prohibited to put on the market or stock up on goods bearing the sign of a violation of this right. Without the permission and approval of the trademark owner, the release of the goods bearing the trademark by another person constitutes an infringement of the trademark right.
3. Import and export of goods bearing the mark may be prohibited. As a matter of fact, the import or export of goods bearing the trademark from abroad without the permission of the trademark owner is also an infringement of the trademark right. For this reason, if a trademark registered on behalf of someone else in Turkey is produced only for export without entering the Turkish Sunday and sent abroad, AT THE REQUEST OF the TRADEMARK OWNER, COUNTERFEIT PRODUCTS can be confiscated at CUSTOMS in factories, warehouses where the products are produced and exported, and PUBLIC LAWSUITS can be filed by prosecutors about those who produce counterfeit products.
4. The use of the infringing sign or emblem in business documents and advertisements may be prohibited.

CASES WHERE THE TRADEMARK RIGHT IS CONSIDERED TO BE INFRINGED

Infringement of the Trademark Right is defined as “The use of the same brand or an indistinguishable similar in the goods or services covered by the registration of the trademark during trade without the approval of the trademark owner or the person authorized by it”.

Elephants, which are considered to encroach on the brand, are subject to Article 61 of Decree No. 556.it is described individually in the article. These elephants are respectively;

1. 9, which explains the Scope of the Rights Arising from the Trademark Registration of the DECREE Law.violation of the article.
   2.Imitating a brand by using a brand or an indistinguishable similar one without the permission of the brand owner.
   3.To sell, distribute and possess counterfeit branded products used through infringement for commercial purposes.
   4.To use the license rights granted by the trademark owner by expanding them without the permission of the trademark owner or to transfer them to someone else without permission.
   5.Partnering in trademark infringement actions, encouraging or facilitating the commission of infringement actions.
   6.Refraining from reporting where counterfeit branded products were purchased.

THE LAWSUITS AND CLAIMS OF THE TRADEMARK OWNER THAT HE CAN FILE IN CIVIL AND CRIMINAL COURTS ARE AS FOLLOWS:

1.The trademark owner may file a case for the detection of evidence for the detection of elephants that violate the right to trademark.

2.It can demand that elephants who encroach on the right to trademark be stopped.

3. It may demand the confiscation of the goods that require a fine to be produced or used, as well as the vehicles used to produce this item.
4. The trademark owner may request that the ownership of the confiscated counterfeit products be granted to him.
5. The trademark owner may request the deletion of the trademarks on the confiscated products and vehicles, or, if deletion is not possible, their destruction.
6. The brand owner can claim material and non-pecuniary damages from those who use the brand without permission.
7. The trademark owner can claim from the court material and non-pecuniary compensation, as well as the earnings that he is deprived of. The deprived gain is determined by Article 66 of the Decree Law No. 556.according to the article according to the choice of the brand owner, it is calculated according to one of the following evaluation procedures.

According to the possible income that the brand owner could receive by using the brand if it were not for the competition of the one who infringed the right to the brand
According to the earnings obtained by the infringer of the trademark right through the use of the trademark
According to the license fee that the infringer of the trademark right must pay if he has used the trademark in accordance with the law with a license agreement.
8.The trademark owner may request that the court decision be made public through publication.

9.The trademark owner may request that the Counterfeit products be confiscated by the customs authorities as an precautionary measure during import or export.

10.The brand owner can file a complaint with the Public Prosecutors about those who have committed the crime of Brand Imitation and demand that the security forces confiscate counterfeit products with the decision of the Prosecutor’s office and file a PUBLIC LAWSUIT against those who produce and sell counterfeit products.