TTK Article 39 et seq.: Trade name is the name that distinguishes the trader's business from others. It is registered in the trade registry.
Registration
- Trade registry office
- First check (are there any other traders with the same name)
- Protection from the date of registration
- Valid throughout Turkey
Content Rules
- Must be true in all cases and conditions
- Misleading
- It should not violate the rights of third parties
Words Requiring Special Approval
- "Turkey", "Türk", "Republic": Ministry decision
- "Bank", "Insurance", "Finance": CMB/BRSA permission
- "Holding", "Anonymous": certain conditions
With the trademark Relationship
- Trade name = business name
- Brand = product/service name
- The two are different, they can be registered together
- The use of the trade name of the trademark right owner may be subject to complaint
Infringement
- Registration of the same or confusing title = infringement
- Measures, prohibition, compensation
- Removal from the registry cancellation
Duration
- Registration unlimited (company will continue to exist)
- Cancellation if annual dues are not paid
Supreme Court 11. HD
11. HD accepts that the "similarity" of the trade name is evaluated through the eyes of the average consumer/colleague, and that only letter difference will not be enough.
Trade/trademark lawyer is recommended.