(According to the decree in the force of law on the protection of trademarks, no 556) abusement acts of trademark rights and protection of trademark rights by the law

The producers of the goods and the services prefer to use some unique symbols and signs in order to distinguish their products or services among the similar ones. And the signs that we call as ?trademark? today, are servicing as the most important factor of business trade and occasionally become more valuable than all other assets of the business enterprise. Actually, trademarks rule out the troublesome possibilities by distinguishing products or services of enterprises in similar fields. Also trademarks serve as opportunity for customers in selecting product or service.Ultimate purpose of Trademark Law is protection of trademark owner from rival business. In order to eliminate the risk, especially from 19th century, trademark rights have became an important regulation area of national and international law systems. Trademarks, which are highly important and valuable for the producers of the goods and the services, are being abused and benefited without approval by the ones who hasn?t right to use them. Abusing acts of trademark rights can accure as tortious act or unfair competition. When abusement of trademark rights constitute as unfair competiton, article 56 of Turkish Commercial Code can be applied. By taking into the consideration the features of trade rights, conception of regulation trade rights different from its other unfair trade acts is dominating. İn fact, we can see that trade rights are under the special protection in Turkish Law.Abusement acts of trademark rights are regulated by article 61 of the Decree in the Force of Law on the Protection of Trademarks, No 556.According to the article 61 (a) of the Decree in the Force of Law on the Protection of Trademarks, No 556, using of trademark according to the forms stated in article 9 without permition of trademark owner is counted as abusement of trademark rights.Beside the using of trade signs as domain name, meta tag or key word in order to produce an effect, for example: linking to web site can abuse the trade rights. As an electronic commerce and internet are flourishing fields, and with each passing day new regulations related to our subject are coming into being, definite census can not be done.According to the article 61 (b) of the Decree in the Force of Law on the Protection of Trademarks, No 556, to imitate the trademark by using the trademark or the sign in indistinguishable way without a permition of trademark owner is regarded as the abusing act of trade rights.Except the using of the same or similar trademark or imitation of trademark, holding of products under the specific trademark for commercial purpose and extending of the rigths certifited by license or assigning actions also can form abusement acts. In order to defeat some of the clauses Regulating abusing acts of trademark rights Artciles 61 and 9, of the Decree in the Force of Law on the Protection of Trademarks, No 556 by Constitutional Court, then to put in the Decree in the Force of Law on the Protection of Trademarks, No 556 the same clauses with reproduced statutes, to foil the defeation of some penalty clauses by Constitutional Court, by taking into account the evaluations and identifications above, Trademark Bill must pass into law.