Well-known brands (Apple, Coca-Cola, Nike, etc.) benefit from additional protection. SMK article 6/4-5.
Determination of Familiarity
- Market share
- Geographical prevalence
- Advertising expenditure
- History
- Brand value (Brand Finance etc.)
Scope of Additional Protection
- Even in different classes protection
- "Possibility of confusion" is not required
- "Dilution" (decrease in the strength of the mark)
- "Free riding" (unfair benefit)
Typical Infringement Scenarios
- "Apple döner" trademark → use of well-known trademark
- Similar logo in another sector
- Due to the reputation of the well-known trademark benefit
Proof
- Market research
- Advertising documents
- Financial statements
- Media reflections
Compensation
- High moral compensation (reputation damage)
- Material compensation (up to 3 times)
- Products destruction
Supreme Court 11. HD
11. HD adopts that well-known trademark protection "extends to different classes" and that globally recognized trademarks will also be protected in Türkiye.
Trademark lawyer is recommended.