Anasayfa / Makalelerimiz / Trademark Infringement in Turkey: What is it, How to Understand, What to Do?
Trademark Infringement in Turkey: What is it, How to Understand, What to Do?
Trademark Infringement in Turkey, without the permission of the owner of a trademark; It is a serious legal problem that arises when it is used in products, services, advertisements, packaging, websites, social media or sales channels. Especially with the growth of e-commerce, violations such as selling counterfeit products, advertising searches with a brand name, and using a brand in a domain name are more common.
In this article; We will discuss in a practical language what is trademark infringement, which behaviors are considered infringement, and what legal and criminal remedies the trademark owner can take.
Note: This content is for general informational purposes only; In concrete cases, it is recommended to seek legal support from an intellectual property expert.
What is Trademark Infringement (Trademark Infringement)?
In Turkey, trademarks are mainly protected under the Industrial Property Law No. 6769. Actions such as using the trademark, imitating the trademark or engaging in commercial activities related to counterfeit products without the permission of the trademark owner can be considered as "trademark infringement".
In Which Situations Does Trademark Infringement Occur in Turkey?
The most common types of violations in practice are:
1) Unauthorized use of the trademark
Such unauthorized use is among the acts considered trademark infringement in the law.
2) Imitation of the trademark or use of an indistinguishably similar one
Similar use that creates the impression that "this product/service belongs to the same brand" is also risky.
3) Offering the counterfeit product for sale and putting it into commercial circulation
Actions such as selling, storing, importing/exporting branded products that are known (or should be known) to be counterfeit may be subject to both civil litigation and, depending on the circumstances, criminal investigation.
4) Exceeding the scope of the license
Even if a license is obtained from the trademark owner, use exceeding the limits of the license may also turn into infringement.
What Should You Do First If Your Trademark Rights Have Been Infringed?
Taking quick and accurate action often stops losses before they escalate:
Legal Remedies: Lawsuits and Claims That Trademark Owners Can File
The right holder whose trademark right has been infringed can make many demands from the court. Among the main demands listed in the law:
There are options such as.
Practical tip: If the goal is not just compensation, the priority in most cases is to "stop the infringement" and "cut off sales channels". The claim for compensation is strengthened according to the evidence and calculation.
Precautionary Measure: The Most Effective Way to Quickly Stop the Sale
In trademark infringements, the damage may increase while the litigation process continues. Therefore, the law provides quick protection with an injunction under certain conditions.
The most common examples in practice within the scope of interim injunction are:
This framework is regulated in Law No. 6769.
Criminal Dimension: Is There a Crime of Trademark Infringement?
Yes. Some violations are also considered within the scope of criminal law. For example; There are provisions that stipulate imprisonment and judicial fines for acts such as producing/providing services, offering for sale, selling, importing/exporting, possession/storage for commercial purposes by infringing on someone else's trademark right.
Criminal processes vary according to the concrete case; issues such as "complaint", standard of evidence and identification of the perpetrator are important. Therefore, penalty applications should be planned strategically.
Competent Court: Where to File Cases?
The courts in charge of industrial property disputes are regulated as the Civil Court of Intellectual and Industrial Property Rights and, in relevant cases, the Criminal Court of Intellectual and Industrial Rights.
In places where these specialized courts do not exist, general courts may come into play according to the type of file in practice; nevertheless, which court is competent should be evaluated according to the concrete case.
Statute of Limitations: How Long Should a Lawsuit Be Filed?
When it comes to damages due to trademark infringement , in most cases, the tort statute of limitations rules are taken into account. According to the Turkish Code of Obligations, the claim for compensation is generally:
Since deadlines are critical, it is important to support points such as "learning date" and "whether the violation continues" with evidence.
Trademark Rights Infringement on the Internet: E-Commerce, Domain Name and Social Media
Trademark infringement in digital comes in many different forms:
In this type of violation, the two lanes often go hand in hand:
Frequently Asked Questions
If I don't have a trademark registration, is protection still possible?
In some cases, different legal bases may arise, such as unfair competition, trade name or rights acquired through use; however, the strongest protection is usually provided through a registered trademark.
How do I prove that there is a sale of counterfeit goods?
Screenshot alone may sometimes not be enough. The file is strengthened with test purchase, invoice/cargo, product photo, advertisement links and, if necessary, expert examination.
Is it difficult to take an interim injunction?
Courts want to see strong indications and evidence that "a violation has occurred or will occur seriously." Measure is the tool that gives the fastest results in most cases with the right evidence.
