Trademark indicates all kinds of indications that ensure the goods and services of an enterprise to be distinguished from the goods and services of another enterprise, also required to be identified within the scope of the Industrial Property Law.
Your trademark corresponds to a value in the market you are in, within regards to the goods and services you offer making use of the social communication, advertisement, source indication and distinguishing functions. This value increases through correct investments and correct use of the trademark, and generates added value to both your own enterprise and to our country.
The administrative process starts up following the application made to the Turkish Patent and Trademark Office for the registration of the trademark. During this process, investigations are carried out by the Office on whether the trademark is featured with the criteria defined in the law. It is also possible for the third parties to bring in insights after the announcement. The support from professionals is a must in order to properly handle this process and also avoid unnecessary expenses.
When the trademark is registered following a successful administrative process, the rights owner is granted a right of monopoly. Therefore, no persons or entities other than the owner may use the trademark without consent. If such use is observed, it is necessary to promptly initialise legal procedures.
Should the trademark right is infringed, legal actions for;
- Determination of infringement
- Prohibition of infringement
- Prevention of infringement
- Pecuniary damages
- Non-pecuniary damages
- Damages on loss of reputation
may be seeked on request.
Furthermore, criminal action processes defined exclusively for trademarks may also be initialised in the event of infringement of trademark rights.