Cumulative remedies under the Turkish Trademark Act and the Commercial Code makes trademark violations automatically unfair competition.
Use of signs or names the same or confusingly similar to a competitor's registered trademark constitutes trademark violation and clearly prohibited by The Turkish Trademark Act.
Article 57/5 of the Turkish Commercial Code describes trademark violation among the causes of unfair competition.
Article 57/last of the Commercial Code also describes the non-compliance with the rules and regulations prevailing also on the competitors also as an unfair competition. As trademark violation is a non compliance with the prevailing Trademark Act it also constitutes a cause for unfair competition.
Statutory Limitation period for unfair competition is three years from last occurrence while the trademark violation is subject to a maximum seven and a half years period which extends the limitation period for unfair competition in case of trademark violation.
The content of this article is to provide only a general information on the subject. Legal advice should be sought for any specific circumstances.
Trademark Violation Is An Automatic Unfair Competition Under The Turkish Law
