SMK art.29-30: In case of infringement of a registered trademark, the trademark owner has extensive rights.
Types of Infringement
- Using the same or similar trademark
- For the same/similar goods/services
- Creating the possibility of confusion
- Internet domain name (cybersquatting)
- Fake product production/sales
Rights of the Brand Owner
- Injunction (immediate suspension)
- Stopping the infringement
- Material compensation (three methods)
- Pecuniary damage
- Destruction of the products
- Announcement of the verdict
Compensation Calculation Methods
- Brand loss of the owner (loss of profit)
- Profit made by the rapist
- License fee (default)
Penal Dimension (SMK article 30)
- 1-3 years imprisonment + judicial fine
- Increases according to the number of products
- Depends on the complaint
Supreme Court 11. HD
11. HD adopts that in case of trademark infringement, "clear probability of confusion" must be proven and evaluation will be made according to the sector/consumer profile.
Trademark lawyer is recommended.