The violation of trademark rights is a very serious issue encountered in many different brands and companies. It is defined as the act of imitating, using a brand name, or selling products of a brand without the permission of the brand owner. It can also be described as a kind of trespass against the brand.
There is a chance to address the violation of trademark rights through legal means. This is regulated in Articles 29 and 6789 of Law No. 6789. After the application is submitted, research is conducted to determine whether there has been a violation of trademark rights. Property law is among the laws that protect trademark rights. There are evaluations and details regarding whether an incident constitutes a trademark violation.
To get the best information on this topic, you can consult with your attorney. You have several rights concerning your trademark. In order to protect these rights effectively, you should be familiar with the rights you have on your brand. You can best protect your own brand and the products you sell in this way.
Thanks to Alkan Patent, you can protect your own brand and avoid situations such as trademark infringement.
If certain situations occur, it constitutes a violation of trademark rights. It is important to learn these provisions within property law. The ways to address trademark infringement can be listed as follows:
When such methods are preferred, the person or company committing trademark infringement can be penalized. Especially in recent years, with the advancement of technology, many companies have faced problems with trademark infringement. Trademark infringement has also started to occur individually outside of companies. Products or ideas that are claimed to have trademark protection through patents come to the forefront.
In cases where a specific trademark is engaged in its own production and sale, or the presentation of an idea involves a patent situation, no other company or individual has the right to sell or use the product or idea without the approval of the trademark owner.
Facilitating the sale or use of these products without obtaining consent from the trademark owner is interpreted as an infringement of trademark rights. We can list situations that constitute trademark infringement as follows:
Using the trademark without the permission or rights of the trademark owner is defined as a trademark infringement. Removing products without authorization is considered one of the actions that constitute trademark infringement. Using the same or similar products that belong to this trademark. Selling or including these products in a contract even when it is known that the trademark is being imitated is defined as trademark infringement. Expanding or transferring the usage rights given by the trademark owner by the company itself is defined as an infringement of usage rights.
In such cases, the trademark owner can file a lawsuit and may be subject to both financial and non-financial penalties. Alkan Patent provides services for the best possible protection of trademark rights.
Legal Consequences in Case of Trademark Infringement or Unauthorized Use of Trademark Rights
Legal sanctions apply to individuals or entities that violate trademark rights or use trademark rights in their favor. If a lawsuit arises, it takes place between the trademark owner, whether a legal entity or an individual, and the party infringing on the trademark rights. The person whose trademark rights have been violated claims compensation for the damages suffered, whether material or moral.
During this process, calculations are also made regarding the incomplete profits generated by the infringing party. It is determined how and to what extent the party infringing on the trademark owner's rights has caused neglect in the earnings of the trademark owner. Additionally, the income obtained by the opposing party due to the infringement is calculated, determining the course of the legal proceedings.
Calculations also include determining how much licensing fee the infringing party would have paid if they had obtained income through a licensing agreement. Through these calculations carried out in accordance with the procedures, the trademark owner's material or moral damages are mitigated in this way.
Compliance with the Intellectual and Industrial Property Rights Law ensures the most accurate protection of trademark and product rights. Alkan Patent provides the best service to enable the trademark owner to take appropriate security measures unique to themselves.
Infringing on trademark rights carries serious criminal liabilities. Due to the severity of both legal and criminal responsibilities, a lengthy legal process ensues. The Industrial Property Law, Article 30, specifies the criminal sanctions.
It imposes a prison sentence of a minimum of one year and a maximum of three years. Additionally, there is a system of sentencing to a prison term of twenty days and a fine in lieu of imprisonment. Without permission or authorization, the use of a product or service is not allowed. In such cases, serious penalties are imposed.
In the event of these offenses being committed by a legal entity, security measures are put in place. Unauthorized use of trademark rights without authorization results in a prison sentence ranging from a minimum of two years to a maximum of four years and a fine of up to 5000 days.
The penalties vary depending on the nature and content of the offense. Furthermore, the monetary and prison penalties are subject to variation based on the extent of the damages suffered by the trademark owner.
When a property right is violated, the legal process continues through legal means. The process of filing a lawsuit for the violation of intellectual and industrial property rights is handled by the Intellectual and Industrial Property Rights Court. The Court of First Instance has jurisdiction in these cases. Both of these courts can be opened in cases of trademark infringement. If the Intellectual Property Rights Court is not available, the Court of First Instance steps in.
Third-party lawsuits filed against those who commit intellectual property infringements are initiated by the party responsible for the infringement. In cases of trademark infringement, there is also a statute of limitations. Applications to the court can be made within one year to ten years after the trademark infringement occurred. If more than ten years have passed, the statute of limitations will apply.
For this reason, individuals experiencing trademark infringement must apply to the court within a specified period. To seek compensation for the damage that arises without delay, one must make a claim. The duration of this lawsuit depends on the specific circumstances of the case.
Some individuals may file a lawsuit within a short period, while for others, the process may take longer. Rights holders can also register their trademarks by taking their rights into consideration. It is not possible to promote one's own product using someone else's trademark.
To avoid facing trademark infringement, certain precautions must be taken. These precautions ensure that no one can claim ownership of your trademark or product. Additionally, they may face serious consequences in such a situation. Obtaining a patent is one of the most commonly preferred precautions in this regard.
Taking legal action to prevent the potential damage is also among the legal options. When requesting precautions, the party making the request must prepare a petition and provide all the necessary details. It is essential to explain the situation in detail when making a request for precautions to avoid any issues related to trademark infringement.
When you include every detail in the petition, you make your brand and products extremely secure. There could be instances where precautions are misused. Therefore, it is crucial to pay attention to every detail.
Trademark infringement can cause significant damages and losses to the trademark owner. To prevent such damages from occurring, it is necessary to create a patent for your products and brands through Alkan Patent. In the event of a trademark infringement, it is essential to file a lawsuit and follow the process closely.
