Our Services
The main services we provide to our clients in the field of Industrial Property Law are as follows:
- Consultancy during the trademark creation and registration process
- Consultancy on the protection and registration of design rights
- Resolution of disputes arising from trademark, patent, and design rights
- Initiation and conduct of actions for injunctions, removal of infringement, material and non-pecuniary damages, and cancellation
- Drafting of licence agreements and resolution of related disputes
Consultancy in Trademark Registration Process
We provide consultancy services to our clients—mainly in Antalya and also across Türkiye—for trademark applications filed before the Turkish Patent and Trademark Office (TÜRKPATENT) and the European Union Intellectual Property Office (EUIPO).
Risks of Incorrect Registration
A trademark is an important part of a business’s identity. An incorrect filing of a trademark registration application may lead to problems such as the rejection of the application or objections, as well as much more serious legal and financial problems in the later process.
Items of actual loss were listed in a decision of the Court of Cassation (Yargıtay) as: “…The costs incurred for the prevention of the infringement of the trademark right, litigation costs, loss of market share in the goods or services market, the investments becoming futile during this process, excessive payments made to the employed personnel during this process, and the costs incurred for compensating this (such as costs for promotion, changing molds and packaging, image renewal, image recall, elimination of confusion, etc.)…”[1].
The owner of the infringed trademark right can also claim their loss of profit, in addition to their actual loss, by choosing one of the following three rights (Law No. 6769, Art. 151):
a) The probable income the right owner would have obtained if there were no competition from the infringer.
b) The net profit obtained by the infringer.
c) The license fee the infringer would have had to pay if they had lawfully used this right with a license agreement.
The owner of the infringed trademark right has the right to claim the most advantageous of these three options. The fact that the Law specifies such detailed calculation methods shows that the cost of trademark infringements can be extremely high. To prevent such problems, the registration processes of all industrial property rights (trademark, design, utility model, patent) must be carried out carefully.
[1] YHGK, April 18, 2019, E. 2017/11-66, K. 2019/480 (As cited in: Cahit Suluk, Rauf Karasu, Temel Nal. Fikri Mülkiyet Hukuku. 2024. p. 418)