TRADEMARK(1) - TRADEMARK INTRODUCTION Manufacturers and...

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Unformatted text preview: TRADEMARK INTRODUCTION Manufacturers and merchants use trademarks for the sole purpose of distinquishing their products from those of others in the marketplace, not for any functional purpose. A trademark usually consists of a word, phrase, logo or other graphic symbol. Examples of trademarks are Honda, HewlettPackard and Quicken. TRADEMARK=PRODUCT IDENTIFIER A trademark is not limited to a brand name or logo. It can also consist of a distinctive shape, letters, numbers, package design, sound, smell, color or other aspects of a product that tend to promote it. DEFINITION A trademark is a distinctive word, phrase, logo, graphic symbol or other device that is used to identify the source of a product or service and to distinguish a manufacturer's or merchant's products from anyone else's. COMMUNITY TRADE MARK Effective April 1, 1996, the European Union started accepting applications for a community trademark that would be good in EU countries. To qualify for registration, the proposed mark must be acceptable in all countries. Applications are to be submitted to the Office for Harmonization of the Internal Market in Alicante, Spain. UNITED STATES THE COMMON LAW THA LANHAM ACT UNFAIR COMPETITION INTERNATIONAL CONVENTIONS TURKEY DECREELAW NO.556 PERTAINING TO THE PROTECTION OF TRADEMARKS IN FORCE AS FROM JUNE 27, 1995 THE IMPLEMENTING REGULATIONS UNDER THE DECREELAW NO 556 PERTAINING TO THE PROTECTION OF TRADEMARKS INTERNATIONAL CONVENTIONS Paris Convention for the Protection of Industrial Property (1883) Madrid Agreement (1891) Protocol relating to Madrid Agreement (Entered into force: 1 Dec.,1995, Turkey: Jan. 1,1999) Nice Agreement concerning the International Classification of Goods and Services for the Purposes of Registration of Marks (Entered into force: April 8, 1961, Turkey: Jan. 1,1996) Vienna Agreement Concerning International Classification of the Figurative Elements of Marks (Enered into force: 1973, Turkey: Jan. 1,1996) Trademark Law Treaty (TLT) 1994. DECREELAW NO.556 PERTAINING TO THE PROTECTION OF TRADEMARKS IN FORCE AS FROM JUNE 27, 1995 TRADEMARK LAW Decree on Protection of Trademarks No.556, was published on June 27, 1995 (O.G. 22326). It supersedes the 1965 Trademark Law. A major improvement over the 1965 law is that Decree No.556 expressly recognizes service marks whereas the former specifically excluded such marks. ''Trademark'' means trademarks or service marks including guarantee marks and collective marks (Art.2 of Decree). TRADEMARKS CATEGORIES OF TRADEMARKS SERVICE MARKS COLLECTIVE/COMMON MARKS GUARANTEE/WARRANTY MARKS Collective/Common marks are marks that are used jointly by the members of a group comprising manufacturing, commercial or service activities. "Glolu", "Koska" COLLECTIVE/COMMON MARKS Collective Mark Article 55 Collective mark is a mark used by a group of undertakings of producers or traders or providers of services. Collective mark serves the purpose of distinguishing the goods and services of the undertakings belonging to the group from the goods and services of the other undertakings. GUARANTEE/WARRANTY MARKS A warranty mark is a mark that identifies a certain quality that is associated with a product, i.e. Goods or services that are provided by persons or businesses who are included within a group of companies. "Woolmark" which belongs to International Union of Wool and "TSE" which belongs to Institute of Turkish Standards are the examples of warranty marks. Guarantee Marks Article 54 A guarantee mark, under the control of the proprietor of the mark, serves the purpose of the guaranteeing the common characteristics of the undertakings, production methods, geographical sign and quality of those undertakings. THA APPLICATON AND REVIEW PROCESS Applications for registration are filed with the Turkish Patent Institute (TPI). Registration is made in "Trademark Registry". The applicant shall receive a 'Trademark Certificate of Registry'. Registry shall include; date of registration of the trademark, representation of the trademark, application date, the list of the goods or services in respect of the trademark, classifications of the goods and services, the name and nationality of the proprietor of the trademark and agents name if applicable, title, address and country of registry of the legal person, changes relating to the trademark and to the rights on the trademark as well as other particulars specified in the Implementing Regulation. Trademark registry is open to the public. Upon request and payment of the prescribed fee a copy the register shall be available. Upon registry a trademark shall be published. Duration of Registry Article 40 Trademark is registered for a period of ten years from the date of filing of the application. Registration may renewed for further periods of ten years. Renewal Article 41 Registration of the registered trademark shall be renewed, upon the payment of the renewal fee at the request of the right holder or of the person authorised by him. Duration of Registry and Renewal of a Trademark Identical or similar marks can be registered for different types of goods or services. If one applicant registered a mark for a particular service, another applicant can successfully register the same or a similar mark for a good or service that is not related to the first registration. Competent Courts Article 63 The competent court, for the institution of civil proceedings by the proprietor of a trademark against the third parties, is the court of the domicile of the plaintiff or of the place where the acts was committed or of the place where the act had effect. Where the plaintiff is not a citizen of the Republic of Turkey, the competent court is the court of the domicile of the authorised agent registered in the registry and if the agent's registry has been cancelled the court of the domicile of the Institute. The Competent Court, for the institution of proceedings by the third parties against the proprietor of a trademark, is the court of domicile of the defendant. If the applicant or trademark right holder is not domiciled in Turkey, the provisions of the second paragraph shall prevail. CLAIMS In case of infringement of a trademark the owner of trademark can request from the appropriate court: an injunction (Yasaklama) that the infringement be stopped and actual and consequential damages be paid. Damages include actual losses, lost profits, lost goodwill. that the equipment that is used for the production of the goods that are being sold under the infringing trademark be confiscated. that the confiscated equipment be given to the owner of the rightful owner. that the court take all necessary precautions to prevent continuation or reoccurrence of the infringement. that the judgement against the infringer be made known to the public. ...
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This note was uploaded on 08/06/2009 for the course ECONOMICS BA300 taught by Professor Banukring during the Spring '09 term at Izmir University of Economics.

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