2016.ANA METIN ingilizce.01

Remedies under Decree-Law on Trademarks

Att. Yesim Tokgoz

Property is a constitutional right. Intellectual property is its inte-

gral part. Turkish legislation protects the rights regarding trademarks

under Decree-Law on the Protection of Trademarks numbered 556

(“Decree-Law”). Within this scope, the protection of a symbol under

the Decree-Law commences at the time (the date and hour) of the

application to the Turkish Patent Institute (“TPI”). In this article, the

civil and penal remedies that the right holders may apply against unfair

registrations and usages under the Decree-Law, such as the process of

objection, actions of nullity, invalidity, repeal, infringement, compen-

sation and penal cases, will be emphasized.

Process of Objection

Pursuant to Articles 7 and 8 of the Decree-Law, the entrance of

other symbols may abuse the rights of the registered trademark holders

in business life can be prevented

. Within this scope, the TPI examines

the objections against its decisions regarding the registration applica-

tions, or the refusal of the applications, and accepts or reject the appli-

cation. Partial rejection or acceptance is possible, as well. In this case,

persons may appeal the TPI’s decision. The TPI’s related department

will first examine the appeal, and may change its decision. If the appeal

is found to be unacceptable by the related department, the appeal shall

be forwarded to the Re-examination and Evaluation Board (“REB”) by

the department without comment as to its merits. The decision of the

REB is absolute. The REB may decide whether to register the trade-

mark or reject the registration application. Partial rejection or partial

Article of October 2015

For more information

ly-well-known-trademarks/ (accessed on: 28.10.2015).