Understanding Trademark Infringement in Turkiye: Legal Actions and Remedies

Trademark infringement is a significant legal issue, often leading to complex disputes. Protecting your trademark is crucial to safeguarding your business's identity, reputation, and goodwill. In this article, we will explore what constitutes trademark infringement, the actions considered as infringement, the legal remedies available, and the penalties that can be imposed. This comprehensive guide is essential for any business owner or entity seeking to protect their intellectual property rights.

What is Trademark Infringement?

Trademark infringement occurs when a party uses a registered trademark without the permission of the trademark owner. This can involve using the trademark in connection with goods or services in a way that is likely to cause confusion, deception, or a misunderstanding about the origin of the products. According to the Industrial Property Law No. 6769 (Sınai Mülkiyet Kanunu) in Turkey, unauthorised use, imitation, or commercial exploitation of a trademark constitutes infringement.

Acts of Trademark Infringement

Under the Industrial Property Law (Article 29), several actions are considered to infringe upon a trademark, including:

• Using a trademark or a highly similar mark without permission.

• Counterfeiting a trademark or producing counterfeit goods.

• Selling, importing, or exporting products that bear a counterfeit trademark.

• Expanding the scope of a trademark licence without permission or transferring it unlawfully.

It’s important to note that not only producing counterfeit products but also selling or distributing them can be deemed infringement.

Legal Remedies for Trademark Infringement

When a trademark is infringed upon, the trademark owner can pursue several legal avenues to enforce their rights. Some of the available legal remedies include:

1. Infringement Determination: The court can confirm whether an act constitutes trademark infringement.

2. Preventive Measures: A lawsuit can be filed to prevent imminent infringement, such as stopping the production of infringing goods.

3. Cessation of Infringement: If infringement is ongoing, the trademark owner can seek an injunction to halt the infringing actions.

4. Compensation for Damages: The trademark owner may claim compensation for material and non-material damages caused by the infringement, including lost profits and damage to reputation.

5. Seizure of Infringing Goods: The court can order the confiscation of products or machinery used in the production of counterfeit goods.

6. Destruction of Infringing Goods: If the infringement cannot be prevented through other means, the court can order the destruction of counterfeit goods.

   
   

Filing a Trademark Infringement Lawsuit

Trademark owners can file a lawsuit to seek damages for any harm caused by the infringement. In these cases, the trademark owner can claim compensation based on:

• The profits they would have earned if the infringement had not occurred.

• The profits earned by the infringer from the unauthorised use of the trademark.

• The amount that would have been payable if the infringer had obtained a lawful licence.

In cases involving significant financial losses or reputation damage, the trademark owner may also seek compensation for non-material damages.

Criminal Liability in Trademark Infringement Cases

Trademark infringement can also lead to criminal penalties under Article 30 of the Industrial Property Law. Criminal charges may include:

• Imprisonment of 1 to 3 years for producing or selling counterfeit goods.

• Fines starting from 20,000 days' worth of judicial fines for infringing activities.

• Additional penalties for removing a trademark from a product or tampering with it.

These penalties aim to deter potential infringers and protect the rights of trademark owners.

The Importance of Precautionary Measures

Trademark infringement cases can involve significant time and cost. To minimise damage, trademark owners can apply for precautionary measures such as temporary injunctions. These measures allow courts to halt ongoing infringements or prevent future violations until a final judgment is rendered. In urgent cases, it is advisable to seek legal assistance to file for precautionary measures.

Conclusion: Why Legal Assistance is Crucial

Trademark infringement is a serious issue that can lead to financial loss, reputational damage, and costly legal battles. If your trademark has been infringed, it is essential to act swiftly to protect your rights. At CCS Law, we specialise in intellectual property law and offer expert guidance on all aspects of trademark infringement. Whether you are seeking to prevent an infringement or pursuing compensation, our experienced legal team is here to assist you every step of the way.

For more information, contact us today for a consultation with one of our IP law experts.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.

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