A Comparison of the Rights Granted By the Registered Trademarks and the Legal Remedies in the Event of a Violation of These Rights under Turkish and European Union Trademark Law

ISBN: 9786052648681 — 2024 — 1. Print Law Fikri-Sınai Mülkiyet Hukuku

In this study, I discuss Turkish Trademark Law and European Union Trademark Law. In Turkish Trademark Law, trademarks are primarily protected by the Industrial Property Law No. 6769 and the Regulation on the Implementation of the Industrial Property Law, whereas in the Trademark Law of the European Union, trademarks are protected by EU Trademark Directive No. 2015/2436, EU Trademark Regulation No. 2017/1001, EU Directive No. 2015/2436 and EU Directive No. 2004/48.As a consequence of the increasing value of trademarks, the issue of unauthorized use of the trademark and its value by third parties has emerged. These unauthorized uses by third parties, known as trademark infringement, cause economic and reputational damage to the owners of the trademark. For this reason, trademark owners must understand the scope of their rights, which actions comprise an infringement of trademark rights, and the legal recourses available to them in such a situation. In different legal systems, the scope of the trademark right at issue, the acts that infringe on the trademark right and the available legal remedies may vary. By comparing Turkish and European Union Trademark Law regulations, these issues will be discussed in this research.