The scope of protection of well-known trademarks in the meaning of Paris Convention according to Industrial Property Code Numbered 6769

The concept of well-known trademark has been initially introduced to international intellectual property law with the provisions of Paris Convention throughout the history and the well-known trademarks became subject to an enlarged protection within the Paris Union. In line with the provisions of Article 6bis of Paris Convention, minimum protection standards have been established as to the protection of well-known trademarks and the countries of the Union have undertaken to provide these minimum standarts to the foreign trademark owner with a national treatment, regardless of the fact that the trademark is not registered in the country for which the protection is sought. Well-known trademarks are in a position to constitute the exception of the principles of registration, nationality and speciality which are the basic principles of the trademark law. Within the original text of the Paris Convention, the well-known trademarks are solely qualified for a protection on identical or similar goods covered in the well-known trademark and the protection will apply only to "trade" marks. TRIPS Agreement which entered into force in 1995 is in a nature to complement the provisions of Paris Convention and it has extended the well-known trademark protection to cover the service marks and dissimilar goods and services. Within the provisions of Turkish Industrial Property Code, the protection of well-known trademarks in the meaning of Paris Convention has been stipulated among the relative grounds for refusal. The scope of the protection of the well-known trademarks in the meaning of Paris Convention is limited to cover the identical and confusingly similar goods and services covered in the well-known trademark. In Turkey, well-known trademarks are protected to pose an obstacle for the registration of the trademarks which are identical with or confusingly similar to the well-known trademark on relative grounds for refusal and to serve as an invalidity ground to the subsequent identical or confusingly similar trademark. On the other hand, well-known trademarks are not protected against the unauthorized use within the provisions of Industrial Property Code, yet it is still possible to seek protection according to the unfair competition rules which are the general provisions. Key Words: Trademark, Well-known Trademark, Paris Convention, TRIPS Agreement, Industrial Property Code.