– WHAT IS TRADEMARK?
A special mark, consisting of a picture or letter, which is used to identify a commercial good and to distinguish
the same from the similar ones, and is the symbol of that good.
– Register ® or TM
TM indicates that the mark on which it is present means a Trademark. It means that a trademark is legally
recorded but not yet registered. Registered mark ® indicates that the mark on which it is used is registered.
– YOUR RIGHTS CONFERRED BY TRADEMARK REGISTRATION
If the trademark owner has a suspicion that his trademark has been used by a different person and has seen
that it is used, he can file a declaratory lawsuit in order to determine all the acts that will constitute grounds
for infringement of the trademark right.
The trademark owner may request that the actions taken on behalf of persons who have created an unfair use
on behalf of his trademark and engaged in trademark infringement, that is, the production, sale and display
on the website, to be stopped.
Along with requesting the removal of the infringement as soon as possible, he can also make a legal request for
compensation for his material and moral damage.
The trademark owner may demand the seizure of the goods that was used and produced under the right
infringement, and the equipment, tools and devices used for the occurrence of these products.
The trademark owner may request the products requested to be seized to be given in his own name.
If no request has been made for the seized products, tools and materials to be given to the trademark owner,
the trademark owner may request the removal of the trademark on the equipment and products due to the
presence of his own trademark on these materials. If the trademark is not removable, the trademark owner
may demand the destruction of such equipment and products.
If the right owner has proven the abuse of his trademark and the necessary actions have been taken, he may
request the court decision to be announced to the public through the media, in order to inform and raise
awareness of the people.
If the goods created by an unfair trademark use, that is, a trademark infringement, have been used in a
commercial transaction for the importation or exportation by the infringers, the trademark owner may
demand the seizure of these produced counterfeit products by the customs administrations.
While all these events are taking place, the trademark owner may apply to the Public Prosecution Office
on behalf of the persons who violate the rights and attempt the trademark infringement, and may file
a complaint ON BEHALF of those who commit the “Trademark Counterfeiting Crime”, and may request
a criminal case on behalf of these persons.
– IS TRADEMARK REGISTRATION OBLIGATORY?
Trademark registration is generally not required by law. However, some countries require trademark
registration for importation.
A trademark registration should be made in order for you to use your rights in response to the use of
the product or service you produce by someone else and having a partner for your commercial values.
– ATTENTION TO IMPORTERS AND EXPORTERS
In case that the product you bring from abroad and/or send abroad is registered on behalf of other
s in the countries to which you import or export, you may be faced with the seizure of those goods at
the customs. For these reasons, you should register your trademark in the relevant countries before
importing and/or exporting.
– HOW LONG A TRADEMARK REGISTRATION TAKE?
The trademark registration processes have been shortened considerably in our country with the IP
Law No. 6769 and may be registered within as a short period of time as 6 months. In overseas r
egistration, the processes continue according to the legal regulations of the country to which the
application is made. The time for the international trademark registration processes are 5-12
months, and applications made within the scope of Madrid protocol are registered in a
maximum of 18 months.