Trademark Rights
Rights Conferred by a Registered Trademark
The proprietor of a trademark shall be entitled to prevent all third parties not having his consent from using the trademark as described herewith:
a.) use of any sign which is identical with the registered trademark in relation to goods and services which are identical with those for which the trademark is registered,
b.) use of any sign where, because of its identity with or similarity to the registered trademark and identity or similarity of the goods and services covered by the registered trademark and sign, there exists a likelihood of confusion on the part of the public including likelihood of association between the sign and the trademark,
c.) use of any sign which 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 of that sign without due cause takes unfair advantage of or is detrimental to the distinctive character or the repute of the registered trademark.
The following may be prohibited under the first paragraph,
a.) affixing the design to the goods or to the packaging thereof,
b.) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder,
c.) importing or exporting the goods under that sign,
d.) using the sign on business, papers and in advertising.
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 an application shall be considered within the rights conferred by the publication of the registration of a trademark. The Court seized of the case may not decide upon the merits of the case until the registration has been published.
Limits on the Effects of a Registered Trademark
The proprietor of a trademark cannot prevent the third parties from using in the course of trade his own name or address, indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or of rendering of the services, or other characteristics of the goods or services, provided the use is effected in accordance with honest practices in industrial or commercial matters.
Exhaustion of the Rights Conferred by a Registered Trademark
The acts related with a product containing the registered trademark shall not constitute a breach of the rights of a registered trademark, where such acts have occurred after the product has been put on the market in Turkey by the proprietor or with his consent.
The proprietor have the right, even within the provision of the first paragraph, to oppose further commercialisation of the goods, especially where the conditions of the goods is changed or impaired after they have been put on the market.
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