| TRADEMARK DECREE LAW | |
TRADEMARK REGISTRATION All
sorts of marks that may be viewed by drawing particularly such
as words, shapes, letters, figures, shape of goods or packaging
or may be expressed in a similar method, published and
reproduced by printing including names of persons, provided that
they allow for distinguishing the goods or services of an
enterprise from the goods or services of another enterprise.
trademarks may be: · Common trademark · Warranty trademark · Service Mark · Trade Mark Rights that the trademark owner acquires thru trademark registration · Registration of the trademark in relation to similar or same goods or services that are within the scope of registration will prevent them from unfair competition against other similar goods and services and registration of a mark that may possibly be confused prevents the use, without permission, of any mark that may damage the distinguishing character of the trademark or that may make unfair advantage due to the prestige of the trademark. · A registered trademark may be transferred to others, may be transferred to others thru inheritance, its usufruct may be the subject of licensing, and it may be shown as pledge and guarantee. · Those making use of unregistered trademarks may no benefit from such rights. trademark registration gives its owner a protection period of ten years. Six months before the termination of the ten-year period, registration may be renewed regularly or with penalty throughout six months as from the date of termination of the period, thereby obtaining a protection right for the next ten years. Besides, right owners who have not made such renewal throughout this renewal period of the trademark may apply and cause the rejection of registration applications in the same professional class to be made by others until the twelfth anniversary. If, after the trademarks are registered, they are not used for any five-year period throughout the protection period, third persons shall be entitled to take over the trademark by a court order. trademark registrations are made by countries. A trademark registered in Turkey is valid within the borders of Turkey. This right may not be claimed in other countries. Application has to be made to the relevant patent authority where the registration is required. The most common method in the international registration of trademarks is the Madrid Protocol. Within the scope of the Protocol, it is possible to make a registration in up to 60 countries. Madrid Protocol registration procedures are carried out thru the Turkish Patent Institute together with the World Intellectual Property Organization (WIPO). Penalties Applicable in case of Violation of trademark Right · Sentencing from one year to four years · 30.000.-YTL monetary fine (determined on an annual basis) · Closure of workplace and prohibition from trading |
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