Civil actions and temporary legal measures concerning infringemet of trademark rights

Trademark right is the absolute right that has real affects which gives prevention authority of using trademark to the owner without his/her written consent. Trademark right is not an ownership right; trademark is an abstract and not in the form of goods. If a good is in the form of a printed material, it is evaluated in the frame of law of property, trade mark on that good is also evaluated according to decree law. Trademark right provides exclusive powers, financial rights and limited non?pecuniary rights to its owner. Financial rights are benefits of the owner as a result of usage of trademark, transferring of trademark, leasing, licencing, putting in pledge and franchising. In the first part and first chapter of that thesis, for an improved explanation of infringement of trademark rights; an expanded definition of trade mark and its functions are included. Following all explanations, in the second chapter, after mentioned fullfilling of legal gap which occurs as a result of some articles in decree law repealed by Constitutional Court with the code number 5833 (21.01.2009, Official Gazette Publication Date: 28.01.2009, Number: 27124) infringements of trademark and shapes of wrong usage which related to subject are researched particularly. In the second part, law suits that trademark owner could revise in case of infringement and especially action for damages and calculation methods of indemnification given in deatils. In the third part, after temporary legal protections for compensation in case of infringement, varieties and among these approaches preliminary ınjunctions which is connected to our subject are scrutinized, in the ending part, preliminary injunctions in trademark law and confiscation of trademark goods in customs is detailed.