What is the best drinking water brand in your opinion? A few water brands popped up in your mind right away, right? Some may be local brands, while others may be names throughout Turkey. The brand, in fact, refers to all kinds of visuals, names and signs that stand out with their distinctive features among similar products that appeal to us in some way.
Indeed, according to the Industrial Property Law No. 6769, a trademark is defined as “Words, shapes, colors, including personal names, provided that the goods or services of an undertaking are distinguished from those of other undertakings and can be displayed in the registry in a way that enables the subject of the protection provided to the trademark owner to be understood clearly and precisely. may consist of any sign, including letters, numbers, sounds and the form of goods or their packaging.” defined as.
As can be understood from this definition, any word, shape, color, letter, number or even sound can be registered as a trademark. The authorized institution for trademark registration in Turkey is the Turkish Patent and Trademark Office, whose short name is TÜRKPATENT, which was established in Ankara by law.
In terms of trademark law, trademark protection is obtained through registration. The rights arising from the trademark registration also belong to the trademark owner as the sole authority. So what are the rights of this trademark owner?
WHAT ARE THE RIGHTS OF THE BRAND OWNER?
- It is forbidden to use any sign that is the same as a registered trademark, on goods or services within the scope of registration, without the permission of the trademark owner.
However, it is also forbidden to use any sign that is the same or similar to the registered trademark and covers the same or similar goods or services as the goods or services covered by the registered trademark, and is therefore likely to be confused with the public, including the possibility of being associated with the registered trademark. - Regardless of whether it is in the same, similar or different goods or services, any sign that is the same or similar to the registered trademark and that will gain an unfair advantage from the reputation of the trademark due to the level of recognition it has reached in Turkey, or that will damage its reputation or damage its distinctive character, without a justified reason. It is also forbidden to use.
For trademark registration, it must be registered in which product or service class the trademark requested to be registered will be used. While a brand to be used in milk and dairy products is included in the goods and product classes, if it is related to a service in the field of education or engineering, it must be registered from the relevant service class. A trademark may be the subject of a license agreement for some or all of the goods or services for which it is registered. License, exclusive license or non-exclusive
available in the form of a license. Unless otherwise agreed in the contract, the license is not exclusive. In non-exclusive license agreements, the licensor may use the brand himself or may grant other licenses to third parties. In exclusive license agreements, the licensor cannot grant licenses to someone else and cannot use the trademark himself, unless he expressly reserves his right.
HOW LONG DOES THE BRAND PROTECT?
The trademark provides protection to the right owner for 10 years from the date of registration. After this period has expired, it can continue indefinitely in 10-year periods, provided that the brand is used.
TRADEMARK INFRINGEMENT AND ITS SANCTIONS
According to Article 29 of the Industrial Property Law No. 6769, using the trademark in a way that harms the rights of the trademark owner without the consent of the trademark owner constitutes infringement of the trademark right.
However, to imitate the trademark by using the trademark or an indistinguishable likeness without the permission of the trademark owner. By using the brand or its indistinguishable likeness, selling, distributing, trading in another way, importing, exporting, keeping for commercial purposes, or contracting for products bearing the trademark used by infringement even though they knew or should have known that the brand was imitated. It is also defined as infringement of the trademark right, to make suggestions to
A person who produces goods or provides services, puts for sale or sells, imports or exports, buys for commercial purposes, keeps, transports or stores by infringing on the trademark right of another by quotation or confusion, is imprisoned from one year to three years and up to twenty thousand days. punishable by a fine.
Likewise, the person who removes the mark indicating that it has trademark protection from the goods or packaging without authorization is punished with imprisonment from one year to three years and a judicial fine up to five thousand days.
A person who makes savings by transferring, licensing or pledging the trademark right of another person without being authorized is sentenced to imprisonment from two to four years and a judicial fine up to five thousand days.
CONCLUSION
Trademark is a right acquired by registration and is one of the most important industrial property rights that legally gives special rights to the trademark owner in the goods and service classes in which it is registered. Cases that create similarities, especially the unauthorized use of the trademark, and situations that create situations that will benefit from the recognition of that trademark, are subject to criminal enforcement.
