PRACTICE AREAS

Trademark Litigation

Trademark Litigation in Turkey: A Comprehensive Guide

Welcome to Lex Lata Consulting and Law Firm's comprehensive guide to trademark litigation in Turkey. In this guide, we will delve into the legislative framework, causes of action, remedies, and recent developments in trademark law. Whether you are a brand owner seeking to protect your trademark rights or an individual interested in understanding the intricacies of trademark litigation in Turkey, this guide will provide you with valuable insights and practical knowledge.

I. Legislative Framework and Causes of Action

Trademark law in Turkey is governed by the Industrial Property Code 6769, which came into force on January 10, 2019, replacing Decree Law 556. Turkey is also a signatory to various international treaties related to intellectual property rights, including the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Causes of action in trademark infringement cases are outlined in Article 29 of the Industrial Property Code. These include the use of identical or confusingly similar signs on identical or similar goods or services, the use of well-known trademarks that may be detrimental to their reputation, and the extension or transfer of licensee rights without authorization. Unregistered trademarks are protected under the unfair competition provisions set out in the Commercial Code 6102.

II. Trademark Registration in Turkey

Trademark registration is essential for the protection of trademarks in Turkey. The registration process is carried out by the Turkish Patent and Trademark Office (TURKPATENT). Trademarks can be registered for a period of 10 years, with the possibility of renewal. The registration grants exclusive rights to the trademark owner and allows them to prevent unauthorized use by third parties.

To register a trademark, the applicant must meet certain requirements and undergo an examination process. Absolute grounds of refusal, such as non-registrable marks, are checked during the examination. If the application meets the requirements and no objections are raised, the trademark is registered, and the owner receives a certificate of registration.

III. Trademark Infringement and Claims

Trademark infringement occurs when a third party uses an identical or similar trademark without the consent of the trademark owner. The trademark owner has the right to file a civil lawsuit and claim various remedies, including the determination of infringement, prevention of further infringement, cessation of infringing actions, compensation for damages, and the seizure and destruction of infringing goods.

IV. Trademark Cancellation Procedure

Trademark cancellation procedures can be initiated when a registered trademark does not meet the necessary requirements. These procedures can be brought by individuals with a legal interest, the public prosecutor's office, or public authorities. The Turkish Patent and Trademark Office does not have party status in cancellation proceedings.

Grounds for cancellation can be absolute or relative, and if the reasons for invalidity only relate to part of the registered goods or services, partial invalidity may be declared. The cancellation procedure affects the date of application of the trademark, and the judgment has legal effects on everyone involved.

V. Recent Developments and Technological Impact

Recent developments in trademark law in Turkey include the impact of non-fungible tokens (NFTs) on trademarks and the amendments to the Electronic Commerce Law to combat trademark infringement on online platforms. These developments highlight the need for continuous adaptation to technological advancements and their implications for trademark protection.

VI. Importance of Administrative Processes before TURKPATENT

Administrative processes before the Turkish Patent and Trademark Office play a crucial role in trademark protection. Effectively supervising the prosecution and opposition procedures before TURKPATENT allows brand owners to combat infringing or potentially infringing trademark applications from the early stages. With the upcoming inclusion of trademark revocation procedures before TURKPATENT, these administrative processes will become even more significant.

VII. Challenges and Opportunities in Trademark Litigation

Trademark litigation in Turkey faces challenges such as delays in court proceedings and the workload of the Courts of Intellectual and Industrial Property Rights. These challenges emphasize the importance of administrative processes and effective strategies to protect trademark rights. However, recent developments and amendments to laws provide opportunities for more efficient trademark protection and enforcement.

VIII. Competent Courts and Jurisdiction

Specialized IP Courts, such as the Civil Court of Intellectual and Industrial Property Rights, handle trademark infringement lawsuits in Turkey's major cities, including Istanbul, Ankara, and Izmir. In other cities, first-instance civil courts handle IP-related disputes. The competent court for infringement cases is determined based on the domicile of the plaintiff or where the infringement took place.

IX. Statute of Limitations

Trademark infringement claims have a statute of limitations of two years from the date of learning the act of infringement, or ten years from the date the infringement act was committed. The statute of limitations does not expire as long as the infringement continues. The extended penalty statute of limitations applies if the infringement act also constitutes a crime.

X. Conclusion

Trademark litigation in Turkey requires a comprehensive understanding of the legislative framework, registration procedures, causes of action, and remedies available to trademark owners. By staying informed about recent developments and effectively utilizing administrative processes, brand owners can protect their trademark rights and enforce them against infringers. Lex Lata Consulting and Law Firm is dedicated to providing expert legal guidance and assistance in trademark litigation, ensuring the utmost protection for clients in the Turkish market.

FAQ

1.Can trademarks be canceled in Turkey?

Yes, trademarks can be canceled in Turkey through legal proceedings if they do not meet the necessary requirements or if there are grounds for cancellation.

2.What is the role of the Turkish Patent and Trademark Office in trademark cancellation proceedings?

The Turkish Patent and Trademark Office does not have party status in trademark cancellation proceedings. The cancellation procedures are brought before the locally competent local courts.

3.How long is the protection period for registered trademarks in Turkey?

The protection period for registered trademarks in Turkey is 10 years, with the possibility of renewal for further 10-year periods.

4.What are the recent developments in trademark law in Turkey?

Recent developments in trademark law in Turkey include the impact of non-fungible tokens (NFTs) on trademarks and amendments to the Electronic Commerce Law to combat trademark infringement on online platforms.

5.Are there specialized courts for trademark infringement cases in Turkey?

Yes, there are specialized IP Courts, such as the Civil Court of Intellectual and Industrial Property Rights, that handle trademark infringement cases in Turkey's major cities.