- DECREE-LAW NO.556 PERTAINING TO THEPROTECTION OF TRADEMARKS
- PART ONE General Provisions
- SECTION ONE Aim, Scope, Definitions and The Persons Entitled for Protection
- SECTION TWO Sign of Which a Trademark May Consist and Means Whereby a Trademarkis Obtained
- SECTION THREE Scope of Protection the Trademark
- SECTION FOUR Use of the Trademark
- SECTION FIVE Legal Transactions Related with Trademark Rights
- PART TWO Application
- PART THREE Registration Procedures
- PART FOUR Duration of Registry and Renewal of a Trademark
- PART FIVE Invalidity of a Trademark and Termination of the Trademark Right
- PART SIX Appeals Against the Decisions of the Institute
- PART SEVEN GUARANTEE MARKS AND COLLECTIVE MARKS
- PART EIGHT Infringement of Rights
- PART NINE Representation and Agents
- PART TEN Payment of Fees and Legal Effects
- PART ELEVEN Last Provisions
- PART ONE General Provisions
DECREE-LAW NO.556 PERTAINING TO THE PROTECTION OF TRADEMARKS Provisions in bold, in Articles 5, 7, 9, 42, 62, 82 and new Article 61/A PART ONE SECTION ONE Article 1 - The aim of this Decree Having the Power of Law is to protect the trademarks registered in conformity with the provisions of this Decree.
This Decree Having the Power of Law encompasses the principles, the rules and conditions for the protection of trademarks.
Article 2 -For the purposes of this Decree;
a) ''Trademark'' means trademarks or service marks including guarantee marks and collective marks.
b) ''Paris Agreement'' means the Paris Convention for the Protection of Industrial Property of March, 1883 and its amendments ratified by Turkey.
c) ''Institute'' means the Turkish Patent Institute established by the Decree Having the Power of Law No: 544.
d) ''Trademark Agent'' means the persons entitled to represent third persons before the Institute for the establishment and protection rights provisioned in this Decree Having the Power of Law.
Article 3 - The protection conferred by this law is available to natural and legal persons who are domiciled or who have industrial or commercial establishments within the territory of the Turkish Republic, or to the persons who have application rights resulting from the terms of the Paris or Bern Conventions or the Agreement Establishing World Trade Organisation.
Natural or legal persons other than those referred in the first paragraph of this Article, who are nationals of states which accord legal and de facto protection to the nationals of the Turkish Republic shall enjoy according to the reciprocity principle trademark protection in Turkey.
Article 4 - Where the provisions of International Agreements which have entered into force as provided by the Laws of the Turkish Republic afford preferable provisions than this Decree Having the Power of Law, persons referred in Article 2 may request treatment according to the preferable provisions.
SECTION TWO Article 5 - A trademark , provided that it is capable of distinguishing the goods and services of one undertaking from the goods and services of other undertakings, may consist of all kinds of signs being represented graphically such as words, including personal names, designs, letters, numerals, shape of the goods or their packaging and similarly descriptive means capable of being published and reproduced by printing.
Trademark may be registered along with the product or the packaging. However, the registration of the product or the packaging does not grant exclusive rights.
Article 6 - Protection for a trademark under this Decree Having the Power of Law is obtained by registration.
Absolute Grounds for Refusal for Registry of a Trademark registered earlier or with an earlier date of application for registration in respect of an identical or same type of product or services,
c) trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind, characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services,
d) trademarks which consist exclusively of signs and names used to distinguish specific groups of craftsmen, professionals or tradesmen or have become customary in the current and established practices of the trade,
e) signs containing the shape of the product which results from the nature of the good, which is necessary to obtain a technical result or which gives substantial value to the good,
f) trademarks which are of such a nature as to deceive the public, such as to the nature, quality, place of production or geographical origin of the goods and services,
g) trademarks which have not been authorised by the competent authorises and are to be refused pursuant to Article 6ter of the Paris Convention,
h) trademarks containing badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention which have not been authorised by the competent authorises and are of particular historical and cultural public interest,
i) trademarks which have not been authorised by their owners, well known marks according to 6bis of the Paris Convention,
j) trademarks which contain religious symbols,
k) trademarks which contrary to public policy and to accepted principles of morality.
The provisions of (a), (c) & (d) can not be invoked to refuse the registration of a trademark which has been used before the registration and has acquired through this usage distinctive character in respect of the goods and services for which it is to be registered.
Article 8 -Upon position by the proprietor of an application for registration of a trademark or of a registered trademark, the trademark applied for shall not be registered under following conditions:
a) If the trademark applied for this identical with a registered trademark or a trademark which has an earlier application date and the protection is sought for the identical goods and services,
b) If because of its identity with or similarity to a trademark which has an earlier application date or a registered trademark and because of the identity or similarity of the goods and services covered by the trademarks there exists a likelihood of confusion on the part of the public and the likelihood of confusion includes the likelihood of association with the registered trademark or with the trademark which has an earlier application date.
Upon opposition by the proprietor of a trademark, a trademark shall not be registered where an agent or representative of the proprietor of the trademark has applied for registration thereof his own name without the proprietor's consent and without a valid justification.
Upon opposition by the proprietor of a non-registered trademark or of another sign used in the course of trade, the trademark applied for shall not be registered provided that;
a) the rights to the sign were acquired prior to the date of application for registration of the trademark, or the date of priority claimed for the application for registration,
b) the sign confers on its proprietor the right to prohibit the use of a subsequent trademark,
A trademark applied for which is identical or similar to a registered trademark or to a trademark with an earlier date of application may be used for different goods and services. However, where in the case of a registered trademark or of a trademark which has an earlier date of application for registration the trademark has a reputation and where the use without due cause of trademark applied for would take unfair advantage of, or be detrimental to, the distinctive character or repute of the registered trademark or of the trademark with an earlier application date, upon opposition by the proprietor of the earlier trademark, the trademark applied for shall not be registered even to be used for goods and services which are not similar to those for which the earlier trademark is registered.
Upon opposition by the holder of the relevant right, the trademark applied for shall not be registered if it contains the name, photograph, copyright, or any industrial property rights of the third parties.
Upon opposition, trademark applied for which is identical or similar to a collective or a guarantee mark shall not be registered within three years from the date of expiry of the collective or of the guarantee mark.
Trademark applied for which is identical or similar and which is to be registered for the identical or similar goods and services of a trademark which has not been renewed, upon opposition shall not be registered within two years of the expiry date.
SECTION THREE Article 9 - The proprietor of a trademark shall be entitled to prevent all third parties not having his consent from using the trademark as described herewith:
a) use of any sign which is identical with the registered trademark in relation to goods and services which are identical with those for which the trademark is registered,
b) use of any sign where, because of its identity with or similarity to the registered trademark and identity or similarity of the goods and services covered by the registered trademark and sign, there exists a likelihood of confusion on the part of the public including likelihood of association between the sign and the trademark,
c) use of any sign which is identical with or similarity to the registered trademark in relation to goods or services which are not similar to those for which the trademark is registered, where the of that sign without due cause takes unfair advantage of or is detrimental to the distinctive character or the repute of the registered trademark.
The following may be prohibited under the first paragraph,
a) affixing the design to the goods or to the packaging thereof,
b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder,
c) importing or exporting the goods under that sign,
d) using the sign on business, papers and in advertising.
The rights conferred by a registered trademark shall prevail against third parties from the date of publication of registration of the trademark. Compensation may be claimed in respect of matters arising after the date of publication of a trademark application. However, the rights arising from the publication of an application shall be considered within the rights conferred by the publication of the registration of a trademark. The Court seized of the case may not decide upon the merits of the case until the registration has been published.
Article 10 - Where a trademark is reproduced in a dictionary, encyclopaedia or a similar reference work without indications that it is registered and gives the impression that it constitutes the generic name of the goods or services for which the trademark is registered, at the request of the proprietor, the publisher shall correct the fault in the next edition.
Article 11 - Where a trademark is registered in the name of the agent or representative of the proprietor of the trademark, without the proprietor's consent, the proprietor shall be entitled to oppose the use of the trademark unless the agent or representative has a valid justification.
Article 12 - The proprietor of a trademark cannot prevent the third parties from using in the course of trade his own name or address, indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of the goods or of rendering of the services, or other characteristics of the goods or services, provided the use is effected in accordance with honest practices in industrial or commercial matters.
Exhaustion of the Rights Conferred by a Registered Trademark
Article 13 -The acts related with a product containing the registered trademark shall not constitute a breach of the rights of a registered trademark, where such acts have occurred after the product has been put on the market in Turkey by the proprietor or with his consent.
The proprietor have the right, even within the provision of the first paragraph, to oppose further commercialisation of the goods, especially where the conditions of the goods is changed or impaired after they have been put on the market.
SECTION FOUR Article 14 - If, within a period of five years following the registration, trademark has not been put to use without a justifiable reason or if the use has been suspended during an uninterrupted period of five years, the trademark shall be repealed.
The following shall be understood to constitute use:
a) use of the registered mark in a form differing in elements which do not alter the distinctive character of the trademark,
b) use of the trademark on goods or their packaging solely for export purposes,
c) use of the trademark with the consent of the proprietor,
d) importing of the goods carrying the trademark.
SECTION FIVE Article 15 - A registered trademark may be transferred to a third party, may be given as security and may be licensed and is subject to inheritance. Related provisions of the Civil Code shall apply with respect to security rights.
Transactions between the living concerning the registered trademark shall be entered in writing.
Article 16 - A registered trademark may be transferred in part of or all of the goods or services for which it is registered.
A transfer of the whole of an undertaking with its assets and liabilities, unless provided otherwise, shall include the rights over the trademarks of the undertaking. This provision shall apply to the contractual obligation to transfer the undertaking.
Without prejudice to paragraph 2, an assignment of a registered trademark shall be made in writing and signed by the parties to the contract, except when it is a result of a court decision. Contracts otherwise are considered to be void.
Where the nature of the transfer is such to mislead the public concerning the nature, quality, geographical origin of the goods and services in respect to which it is registered, the Institute shall not register the transfer unless the successors agrees to limit registration of the trademark to goods or services of which it is not likely to mislead.
On request of one of the parties a transfer shall be entered in the register and published.
As long as the transfer has not been entered in the register, the parties cannot invoke the rights arising from the registration of the trademark against the third parties acting in good faith.
Article 17 - Where a trademark is registered in the name of an agent or representative of the proprietor of a trademark without the consent of the proprietor of the trademark, unless the agent or representative justifies his action the proprietor of the trademark shall be entitled to demand the assignment in his favour of the said registration.
Article 18 -A registered trademark may be given as security independently of the undertaking.
On request of one of the parties, the placing of security shall be entered in the register and published.
Article 19 - A registered trademark may be levied in execution independently of the undertaking.
Levy of execution shall be entered in the register and published.
Article 20 - Rights over a registered trademark may be licensed for some or all of the goods and services for which it is registered.
IN FORCE AS FROM JUNE 27, 1995
have been amended/added by the Law No. 4128
of November 7, 1995.
General Provisions
Aim, Scope, Definitions and The Persons Entitled for Protection
Aim and Scope
Definitions
Persons Entitled to Protection
Priority of International Agreements
Sign of Which a Trademark May Consist and Means Whereby a Trademark
is Obtained
Signs of Which a Trademark May Consist
Means Whereby a Trademark Right is Obtained
Article 7 - Following signs shall not be registered as a trademark:
a) signs which do not conform with the provisions of Article 5,
b) trademarks identical or confusingly similar with a trademark
Relative Grounds for Refusal for Registration of a Trademark
Scope of Protection the Trademark
Rights Conferred by a Registered Trademark
Reproduction of the Trademark in Dictionaries and Reference Works
Prohibition on the Use of Trademark Registered in the Name of an Agent or a Representative
Limits on the Effects of a Registered Trademark
Use of the Trademark
Use of the Trademark
Legal Transactions Related with Trademark Rights
Legal Transactions
Transfer of Trademark
Transfer of a Trademark Registered in the Name of an Agent or a Representative
Placing the Trademark as Security
Levy of Execution
Licensing