Business name and business name protection

In accordance with Turkish Commercial Code (TCC) Art. 53, business names are defined as names that serve to directly promote the enterprise and distinguish it from similar enterprises, without being related to the merchant. In the text of the aforementioned article, the use of the business name is not regulated as a legal obligation, but it is stated that if it is used, it is obligatory to register. In accordance with the reference in the TCC Art. 15, where the definition of artisan is made, it is possible to use business names for artisan enterprises as well as for commercial enterprises. Instead of regulating the business name in detail, the legislator has contented with referring to articles 38,45,47,50,51 and 52 stipulated for the trade name in the TCC. In this regard, the people who are entitled to the business names, must be registered with the special protection provisions stipulated for trade names in Article 52 and the following, as well as the general unfair competition provisions regulated in Article 54 and the following of the TCC. Furthermore, in the presence of the conditions, it is also possible for the people who are entitled to the trade name to apply to the special protection regulations included in the Turkish Industrial Property Act. In addition, if the conditions are met, it is possible to protect the business name within the scope of the Turkish Civil Code. Within the scope of this study, it is aimed to make an assessment within the framework of de lege lata and de lege ferenda, by referring to the problematic consequences that may be caused by the enforcement of certain provisions regarding the trade name exactly in terms of the business name. Keywords: enterprise, business name, trade name, registration, infringement, protection of business name, unfair competition