TRADEMARK

Trademark is depicted in Turkish Industrial Property Code Article 4 as; "Trademarks may consist of any signs like words, including personal names, figures, colors, letters, numbers, sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner to determine the clear and precise subject matter of the protection afforded to its proprietor."

 

Many signs, including sounds and colors, can be selected as trademarks, provided that they can be shown in the registry as defined in the law. With trademark protection, businesses distinguish their goods or services from other businesses. This distinction is achieved thanks to the brand's functions of indicating sources, distinctiveness, advertising and guaranteeing quality.

 

Undoubtedly, the brand has a very important place in consumers' choice of a product or service. So much so that consumers are very likely to choose a brand of goods or services that they have previously been satisfied with in a subsequent transaction. Here is this positive perception on consumers; It is formed as a result of quality production and advertising activities that businesses have been carrying out for years. This effort put in by businesses may be attempted to be raped by rival businesses. It is possible to prevent and eliminate these possible infringements through trademark legislation.

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Both Türkiye and international trademark legislation aims to distinguish the brands of businesses from each other, to prevent trademark imitation or infringement, and to protect the functions of trademarks. Turkish Industrial Property Law was prepared taking into account the EU Trademark Directive No. 2015/2436. The first article of the law; "The purpose of this Law is to protect the rights regarding trademarks, geographical indications, designs, patents, utility models and traditional product names, and thus contribute to the realization of technological, economic and social progress." It is the basic law regarding trademarks and other industrial rights in Türkiye.