Trademark Infringement

Trademark infringement is the use of a registered mark in the course of trade without the owner’s consent. IPL Article 7 grants the owner the right to prevent unauthorised use, and Article 29 lists the acts that constitute infringement.

Infringing Acts

• Use of an identical sign for identical goods or services
• Use of an identical or similar sign for identical or similar goods or services creating a likelihood of confusion
• Use that takes unfair advantage of, or harms, a well-known trademark
• Selling, importing, exporting or storing counterfeit goods for commercial purposes
• Unauthorised extension or transfer of rights granted under a licence

Civil Claims (IPL Article 149)

The owner may ask the court for a declaration of infringement, prevention and cessation of infringement, seizure and destruction of infringing goods, material and moral damages, and publication of the judgment. Damages are calculated using one of the methods in IPL Article 151.

Urgent Protection

Because counterfeit goods spread quickly, preservation of evidence and an interim injunction may be sought before filing suit. In criminal proceedings the prosecutor may obtain a search and seizure order. At the border, customs IP enforcement applies. For infringing marketplace listings see IP Infringement Notice and Takedown.

Defences

• The claimant has not used its mark for five years (IPL Article 29(2)); see Non-Use of Trademark
• Long-standing acquiescence by the claimant
• Exhaustion: resale of goods placed on the Turkish market by the owner or with its consent is generally not infringement (IPL Article 152)
• Honest use of one’s own name, descriptive indications or indications of compatibility for spare parts and accessories (IPL Article 7(5))

Criminal Sanctions

Under IPL Article 30(1), infringement by copying or confusing imitation is punishable by one to three years’ imprisonment and a judicial fine of up to 20,000 days. Infringement may also amount to unfair competition.