The main services we provide to our clients in the field of industrial property law are as follows:<\/p>\n\n\n\n
We provide legal advice to clients in Antalya and throughout T\u00fcrkiye on trademark applications filed before the Turkish Patent and Trademark Office (T\u00dcRKPATENT) and the European Union Intellectual Property Office (EUIPO).<\/p>\n\n\n\n
Where trademarks are used without authorisation, or counterfeit goods are offered for sale, on websites, social media accounts or online marketplaces, we provide legal support in identifying and preserving digital evidence, applying to platforms for the removal of infringing content and product listings, issuing cease-and-desist notices, and monitoring domain name disputes.<\/p>\n\n\n\n
Unregistered trademarks are protected under general provisions, particularly the rules on unfair competition. For example, where an unregistered trademark is infringed, civil actions based on trademark infringement cannot be brought; even if the mark is well known, the criminal provisions of the Industrial Property Code No. 6769 do not apply.<\/p>\n\n\n\n
Registration is necessary in order to benefit from the broader protection provided by the Industrial Property Code.<\/p>\n\n\n\n
A trademark is an important part of a business\u2019s identity. An improperly prepared trademark application may result in refusal or objections and may also lead to more serious legal disputes and financial loss at a later stage.<\/p>\n\n\n\n
Where an incorrect registration or use infringes another person\u2019s trademark, the rights holder may claim pecuniary damages, non-pecuniary damages and damages for harm to reputation. Pecuniary damages may cover both actual loss and loss of profit.<\/p>\n\n\n\n
In a decision of the Court of Cassation, actual loss was described as including expenses incurred to prevent trademark infringement, litigation expenses, loss of market share, investments rendered futile, additional employment costs, and expenses incurred to remedy the effects of the infringement, such as promotion, changes to packaging or moulds, image renewal and the elimination of consumer confusion.<\/p>\n\n\n\n
In addition to actual loss, the owner of an infringed trademark may claim loss of profit by choosing one of the alternatives set out in Article 151 of the Industrial Property Code No. 6769:<\/p>\n\n\n\n
a. the probable income the rights holder would have obtained in the absence of the infringer\u2019s competition;<\/p>\n\n\n\n
b. the net profit obtained by the infringer; or<\/p>\n\n\n\n
c. the licence fee that would have been payable had the right been lawfully used under a licence agreement.<\/p>\n\n\n\n
The detailed methods of calculation provided by law show that trademark infringement may have significant financial consequences. The registration of industrial property rights (including trademarks, designs, utility models and patents) should therefore be handled carefully.<\/p>\n\n\n\n
Registration is not a requirement for the protection of design rights in Turkiye. However, a registered design benefits from broader and longer protection, while protection for an unregistered design is more limited.<\/p>\n\n\n\n
Protection for an unregistered design lasts for three years. A registered design is protected for five years from the application date and may be renewed for periods of five years, up to a total of twenty-five years (Industrial Property Code, Art. 69\/1\u20132).<\/p>\n\n\n\n
The owner of a registered design may prevent third parties from engaging in any unauthorised commercial use of the design, including manufacturing, selling or importing.<\/p>\n\n\n\n
The owner of an unregistered design may intervene only where an identical or indistinguishably similar design has been copied. If a third party independently creates the design without copying it, and could not reasonably have known of the unregistered design, this will not be treated as an infringement (Industrial Property Code, Art. 59\/1\u20132).<\/p>\n\n\n\n
For short-lived products, such as fashion items, the three-year protection available to unregistered designs may be sufficient. For longer-term commercial investments, registration may provide stronger protection for up to twenty-five years.<\/p>\n","protected":false},"excerpt":{"rendered":"
Our Services The main services we provide to our clients in the field of industrial property law are as follows: Advice During the Trademark Registration Process We provide legal advice to clients in Antalya and throughout T\u00fcrkiye on trademark applications filed before the Turkish Patent and Trademark Office (T\u00dcRKPATENT) and the European Union Intellectual Property […]<\/p>\n","protected":false},"author":1,"featured_media":2111,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1689","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/pages\/1689","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/comments?post=1689"}],"version-history":[{"count":8,"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/pages\/1689\/revisions"}],"predecessor-version":[{"id":2101,"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/pages\/1689\/revisions\/2101"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/media\/2111"}],"wp:attachment":[{"href":"https:\/\/www.omeruyar.av.tr\/en\/wp-json\/wp\/v2\/media?parent=1689"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}