10 May Rights Arising From Trademark Registration
RIGHTS ARISING FROM TRADEMARK REGISTRATION
A registered trademark provides the owner of the trademark with exclusive rights and protects the owner of the trademark against the unfair actions of third parties.
The scope of the rights arising from the registration of the trademark is 9 of Khk No. 556.it is described in the article.
The owner of the trademark may request the Prevention of the use of his trademark without his permission or consent in the following cases:;
1. The use of any mark that is the same as the registered trademark in relation to the same goods or services covered by the trademark registration,
2. With a registered trademark identical or similar trademarks covering identical or similar goods or services are goods or services that are covered by the public and therefore on , with a sign including the possibility that there is a connection between the trademarks likely to be confused by the use of any mark that is, in cases of can be requested.
Actions that can be banned at the request of the trademark owner;
1. Placing the mark on the goods or packaging may be prohibited. Registered trademark or trademark other than the logo to be placed on the violation of rights by the goods or the packaging, because this matter upon the request of the brand owner may be prohibited.
2. The placing on the market or stockpiling of the goods bearing the mark of a violation of the rights in question may be prohibited. If the trademark owner does not have the permission or consent of the trademark owner,the placing of the goods on the market by another person is an infringement of the trademark right.
3. The import and export of the goods bearing the mark may be prohibited. Namely, carrying the brand without permission of the trademark owner, trademark rights or an infringement of goods to be exported to be imported from abroad. Therefore, if a registered trademark in Turkey is produced for export purposes only without entering the Turkish market and sent abroad , at the request of the trademark owner, imitation products may be confiscated in factories, warehouses and Customs during export, and Public Prosecutions may be filed against those who produce the imitation product.
4. The use of the infringing mark or emblem in business documents and advertisements may be prohibited.
CASES DEEMED TO INFRINGE THE TRADEMARK RIGHT
The infringement of the trademark right is defined as” the use of the same or indistinguishable similar of the trademark in goods or services within the scope of the registration of the trademark during trade without the approval of the owner or authorized person.”
The elephants considered to be encroachment on the brand are the 61st of the Khk numbered 556.it is explained one by one in the article. These elephants are respectively;
1. 9. explaining the scope of the rights arising from the registration of the trademark.violation of the clause.
2.To imitate the trademark by using the trademark or an indistinguishable equivalent without the permission of the trademark owner.
3.Selling, distributing, and possessing counterfeit branded products for commercial purposes.
4.To extend the license rights granted by the trademark owner without the permission of the trademark owner or to transfer them to someone else without permission.
5.Partnering with trademark infringement acts, encouraging or facilitating the making of infringement elephants.
6.To avoid reporting where counterfeit branded products were bought.
THE TRADEMARK OWNER’S LEGAL AND CRIMINAL COURT CASES AND CLAIMS MAY BE FILED AS FOLLOWS::
1.The owner of the trademark may sue for the identification of evidence for the detection of elephants encroaching on the trademark right.
2.It can demand that elephants who rape the trademark right be stopped.
3. Production or use of goods that require punishment and the means to produce this item may demand confiscation.
4. The trademark owner may request that ownership of the confiscated counterfeit products be given to him.
5. The owner of the trademark may request the deletion of the marks on the confiscated products and vehicles, or the destruction if it is not possible to delete them.
6. The owner of the trademark may claim material and moral compensation from those who use the trademark without permission.
7. The owner of the trademark may claim from the court financial and non-pecuniary compensation as well as any profit he lacks. Lack of profit 556 No. 66 of the Khk.according to the article , the trademark is calculated according to the selection of the owner, according to one of the following evaluation procedures.
If there was no competition from the infringing party, the owner of the trademark could have obtained by using the trademark according to the probable income.
According to the gain obtained by the use of the trademark by the violator of the trademark right
The trademark owner must pay the license fee if he / she has used the trademark in accordance with the law with a license agreement.
8.The trademark owner may request that the court’s decision be made public through publication.
9.The owner of the trademark may request the confiscation of counterfeit goods as a precautionary measure by the customs authorities during import or export.
10.The trademark owner may complain to the Public Prosecutor’s offices about those who have committed the crime of trademark imitation and request that the counterfeit products be confiscated by the security forces with the decision of the prosecutor’s office and that a public lawsuit be filed against those who produce and sell counterfeit products.
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