Trademark Infringement In Turkey

Introduction:

Today, trademarks are perhaps one of the most indispensable elements of commercial life. It is not enough to register and actively use an instrument that has such a crucial place in commerce. Another factor that is at least as important as these elements is the 'legal protection of the trademark.'

In cases where the trademark is well-known or stands out in a particular sector, the number of infringements, and malicious and unfair use of the trademark increases significantly, both quantitatively and qualitatively. Especially in these cases, the need for trademark protection makes itself felt even more intensely.

As is known, to date, no multinational treaty regime or harmonization directive has established an agreed-upon standard for the infringement of intellectual property rights. Thus, in the absence of established international standards, the question of infringement is being depended exclusively upon domestic law. (D'amato – Long, 1997, p.340)