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Protection Period of Trademark and Renewal of
Registration
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Att. Ceyda Buyukoral
Protection for a trademark under Decree-Law No. 556 on the
Protection of Trademarks (“Decree-Law No. 556”) is obtained by reg-
istration.
The Scope of Rights Conferred by Registration
The scope of rights conferred by registration is stipulated under
Article 9 of the Decree-Law No. 556. Pursuant to the aforesaid article,
the proprietor of a trademark exclusively holds the rights conferred by
registration and shall be entitled to vindicate his rights against follow-
ing actions:
a) using any sign that is identical to the registered trademark in
relation to goods or services that are identical to those for
which the trademark is registered;
b) using any sign that is identical or similar to the registered trade-
mark in relation to goods or services that are identical or simi-
lar to those for which the trademark is registered and for this
reason there exists likelihood of confusion on the part of the
public, including likelihood of association between the sign
and the registered trademark;
c) Using any sign that is identical or similar to the registered
trademark in relation to goods or services that are not similar
to those for which the trademark is registered, in cases where
the use of that sign takes unfair advantage of or is detrimental
to the distinctive character or reputation of the registered trade-
mark.
According to the article, the followings may be prohibited:
a) Affixing such sign to the goods or to the packaging thereof;
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NEWSLETTER 2012
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Article of April 2012