Trademark and Patent Law

Intellectual property law consists of two subgroups: intellectual rights and industrial rights. Among the rights collected in industrial rights are geographical indications, utility models, patents, designs, and trademarks. The AVD Law Firm is competent and experienced in the field of trademark and patent law. The firm also has lawyers who are registered in the Turkish Patent registry and authorized to carry out all necessary procedures, including objections and registration procedures for trademarks and designs under the umbrella of the Turkish Patent and Trademark Office.

What is a trademark?

A trademark is any type of sign that can be represented by drawing, such as names, words, letters, shapes, numbers, product shapes, and packaging, and can be expressed in a similar way, published by printing and capable of reproduction. The most important condition regarding the trademark is that the used sign must have a distinctive quality that separates it from similar products or services.

In what cases is a trademark considered used?

Conditions that enable a trademark to be considered used:

• Use of the registered trademark with different characteristics without changing its distinctive feature.
• Use of the trademark only for export purposes on goods or packaging.
• Use of the trademark with the permission of the trademark owner.
• Import of the product carrying the trademark.

What is a patent?

Industrial property right defined as patent which protects and clarifies who owns a relevant invention which is new, applicable to industrial field and carries the character of discovery. Utility model has a similar definition as patent. There are various differences in terms of protection period and application process between patent and trademark. Legal assistance should be taken from patent and trademark lawyers or agents during the registration stage.

Rights granted to trademark owner by trademark registration

The use of the sign that has similar features to the registered trademark which would provide unfair advantage due to the prestige of the trademark will be prevented. Additionally, the registered trademark can be transferred or permission for use can be granted to others through inheritance.

Trademark Infringement Cases

Infringing a trademark without the permission of the trademark owner, including imitating the trademark, using the trademark, continuing to use the trademark despite knowing it’s being imitated, trying to sell products using the trademark and making a display of it in commercial activities, are all subject to trademark infringement cases. Additionally, tampering with the rights granted by the trademark owner and transferring the trademark to a third party also fall under the category of trademark infringement.

Damages Suit Due to Trademark Infringement

In case a trademark infringement lawsuit is filed, the victim’s damage must be compensated. In this case, the trademark owner should request the cessation of the use of their trademark and warn the person using their trademark. They may also request compensation for the damage incurred. The demands that a person who has suffered from trademark infringement can make in court include:

• A request to stop the infringement of the trademark by the trademark owner.
• A request to remove the goods or items produced by infringing the trademark from consumption and stop production.

If you want to file a lawsuit for trademark infringement and receive professional legal support, you can contact AVD Law Firm and get help from our lawyers who are experienced and experts in Trademark and Patent Law.

Determining Damages Due to Trademark Infringement

Damages is an amount paid to compensate for the material or moral damage caused by an act outside the legal rules. Basically, it includes completing the damage incurred in exchange for financial obligations. The determination of damages is concerned with three matters:

• The loss of damage must be paid together with the damage incurred. This is referred to as compensation for material damages.
• To prevent confusion, the trademark owner may make different expenses in case a similar or identical product brand is formed. These expenses must also be compensated. This is known as action compensation.
• The plaintiff can request all the financial income that they could not obtain and suffered damage during the process from the defendant. This is called loss of profit compensation.

Our Trademark and Patent Law Services

At AVD Law Firm, our main services in the field of trademark and patent law are:

• Cases to determine the absence of trademark infringement.
• Preparation and execution of transfer contracts for utility models, designs, patents, and trademarks.
• License agreements.
• Cancellation cases based on non-use.
• Invalidity cases.
• Determination of actual ownership.
• Collection of evidence.
• Cases to prevent the sale of imitation trademarks or designs over the internet, removal of related content and block access.
• Cases for moral, material, and reputation compensation for industrial property rights violations.
• Design and trademark registration procedures.
• Infringement cases for design, utility model, patent and trademark rights.
• Collection of imitation trademarks and designs, criminal complaints related to these issues, all kinds of legal and judicial applications and lawsuits.

At AVD Law Firm, we aim to provide quality legal support to individuals and organizations. Our law firm provides legal consultancy services without compromising professionalism. We act by producing solutions based on individual client needs. Our experienced and expert attorney team in trademark and patent law cases is always there to support you in any legal assistance you need.