If your Trademark is Imitated in Turkey
Turkey is the economic center of the Balkans, Middle East, Caucasia, Central Asia due to its geographical position and cultural features.
Population of Turkey is approximately 80 million and it entertains 40 million tourists in a year.
Turkey is among the top 15 countries of the World with its Trading Market size and economy.
Per capita income is above 10 thousand Dollars in Turkey.
The Turkish economy has material investments in the textile, food and automotive sectors in particular.
Considering all this economic data, Turkey is a big market. Thus, there are imitated trademarks on such a large market inevitably.
Considering the geographical and economic conditions of Turkey, it is possible for imitated trademark product to be launched to spread to all countries of Europe, Russia, Middle East, Caucasia and Central Asia.
A most part of the imitated products are produced in Turkey and an important part of them consist of imported products and are offered to the market over the Turkish market.
It is essential to primarily struggle against imitated trademarks to protect reputation of trademarks.
Imitated Trademark Regulations in the Turkish Law;
The Turkish Law include serious sanctions against imitated trademarks.
The legal and penal sanctions against imitated trademarks are regulated in the Turkish Commercial Code (TTK) Unfair Competition section, Trademark Law No. 556 and Customs Law, Turkish Industrial Property Law (SMK).
The Turkish Law includes imprisonment against having imitated trademark for commercial purpose as well as material and spiritual damages.
Shipment of a product under an imitated trademark to the customs for export from Turkey or bringing it to the customs for import to Turkey from abroad constitutes a trademark violation under the Turkish Law.
Thus, legal proceeding may be applied to all imitated products which are at the Turkish Customs and subject to any official process (including transit).
Turkey has enacted laws, signed international conventions and even established special courts and police departments related to trademark, patent, design and intellectual rights for struggle against imitated trademarks. (Criminal Courts For Intellectual and Industrial Property Rigths / Civil Courts For Intellectual and Industrial Property Rights )
However, struggle against Imitated Trademarks has been mostly imposed on the trademark owner in the Trademark law.
Unfortunately, imitated trademarks have been a sector. The persons/firms making an imitated trademark are in the form of extremely professional criminal organizations and thus they know the gaps in the Law and Turkish Patent Institute practices well.
Considering the dynamic and continuously changing structure of the Turkish Trademark Law, it would be very beneficial to get support from the Trademark and Patent Attorneys who are experienced and follow developments in order to get the best result in any trademark or patent actions to be brought.
Therefore, the firms trademark of which is imitated should get support from the law offices experienced in the field of Trademark Patent Law in order to benefit from the legal and penal sanctions.
Eltutan Patent & Law operates with the practical and theoretical knowledge gained by it since 1997.