Conditions considered violation of trademark rights and rights of the brand owner

The Industrial Property Law (SMK), which is the basic regulation in our trademark law, was adopted by the Grand National Assembly of Turkey on 16.12.2016 and entered into force after being published in the Official Gazette dated 10.01.2017 and repealed the Decree Law No. 556 on the Protection of Trademarks. has removed. While preparing this Law, the European Union (EU) trademark legislation was taken into account and the changes made in the EU legislation in recent years have been largely included in our law. Determining whether an act constitutes an infringement of the trademark right is important in terms of balancing the legally protected interest of the registered trademark owner on the one hand and the interests of commercial actors other than the trademark owner in free trade on the other, determining the scope and limits of the trademark right, and ensuring legal clarity. Among the changes made in trademark law, there are also provisions regarding the scope and exceptions of the rights arising from trademark registration. During the repealed Decree-Law period, there were some principles put forward in the doctrine and accepted by the judicial decisions, apart from the limitations imposed on the trademark right by the Decree. Some of these have been included in the legal regulation with the SMK. On the other hand, there are acts of rape that were not accepted as rape during the Decree-Law period, but were accepted by the SMK. In order to harmonize with the EU legislation, it is necessary to evaluate the situation before and after these changes made in our trademark law with the SMK, which is regulated by taking into account the EU Trademark Regulation and