Legal Rights
Legal Rights and Protection Process Provided by a Registered Trademark
Trademark registration is a legal protection process provided under the Industrial Property Law No. 6769. Registered trademarks grant exclusive rights to the owner of patents, designs, and intellectual and industrial property rights, and prevent unauthorized use.
✅ Trademark protection is granted solely through trademark registration.
✅ The trademark owner has the authority to use the registered trademark exclusively and prevent its unauthorized use.
✅ The right to prevent the registration of similar trademarks belongs to the trademark owner.
✅ A registered trademark can be transferred, inherited, licensed, and used as collateral.
Rights Provided by Trademark Registration
Trademark registration grants the right to prevent the use of signs that may cause confusion in relation to the same or similar goods and services.
Without the trademark owner's permission, the following actions are prohibited:
- Printing the registered trademark on products or packaging.
- Selling, stocking, or distributing products bearing the trademark without authorization.
- Unauthorized use of the trademark in business documents, commercial advertisements, or on the internet.
- Using the trademark as a trade name or business name without the trademark owner's approval.
- Using the trademark in comparative advertising in a way that violates the law.
Legal Actions to Take in Case of Trademark Infringement
When a trademark right is violated, the trademark owner can apply to the court with the following requests:
- Cessation of the infringement and compensation for material and moral damages
- Seizure and destruction of counterfeit goods
- Imposing criminal sanctions on those infringing the trademark right
- Filing a lawsuit for compensation and reimbursement of the trademark owner's losses
- Public announcement of the court decision
Trademark Infringement and Applied Penalties
Trademark infringements are subject to severe legal penalties under the Industrial Property Law No. 6769:
Those who use or imitate another person's trademark without authorization:
- May face imprisonment for 1 to 3 years and a judicial fine of up to 20,000 TL.
Those who remove a registered trademark sign without authorization: - May face imprisonment for 1 to 3 years and a judicial fine of up to 5,000 days.
Those who transfer a trademark without authorization: - May face imprisonment for 2 to 4 years and a judicial fine of up to 5,000 days.
Those selling counterfeit trademarked products: - Must disclose the source, otherwise, they may face criminal sanctions.
Note: Investigation and prosecution of these crimes are subject to complaint.
Trademark Registration and Legal Protection with Başalan Patent
As Başalan Patent Limited Company:
✅ We hold the ISO 9001:2008 Quality Certificate.
✅ With over 30 years of experience, we specialize in trademark registration, objections, and legal processes both domestically and internationally.
✅ We secure your intellectual and industrial property rights.