Trade Name

A trade name is the name under which a merchant conducts the business of its commercial enterprise and signs. Every merchant must choose, use and register a trade name with the trade registry (TCC Art. 39).

Company Names

• The names of joint stock companies and limited liability companies, even if they contain a person’s name, must show the business purpose and include “anonim şirketi” or “limited şirketi” indicating the company type.
• The name must be clearly distinguishable from names already registered.
• The name must be truthful, not misleading and not contrary to public order.
• A branch name includes the head office’s name and states that it is a branch.

Registration and Use

The name is included in the articles of association at incorporation and registered with the trade registry. The company must use its name as registered in its transactions, correspondence and website. A change of name is made by amending the articles.

Protection

A trade name belongs exclusively to the person who registered it. A merchant whose name is used without right may seek a declaration of the unauthorised use, an injunction, removal of its effects, change or deletion of the name used and, if there is fault, compensation. Use causing confusion with a trade name may also constitute unfair competition.

Difference from a Trademark

A trade name identifies the business; a trademark identifies goods and services. Registering a trade name with the trade registry does not give trademark protection; the trademark must be registered separately with the Turkish Patent and Trademark Office.