Earlier Rights in Tardemark Law

Intellectual and industrial property rights have gained a very important and critical role in technological, economic and scientific development of all countries and consequently in shaping their futures. In our country, the problems that litigators face in this special law area point out to huge gap due to the improving international trade relations raised the subject to a much higher level.In this thesis study, in order to understand various distinctive signs and marks, the fundamentals of trademark law has been compared and examined within the Decree Law Number 556 Pertaining Protection of Trademark Rights, related general legal sources like Turkish Commercial Code in force, the new Commercial Law which will be in force in July, 2012 and case law.Trade names, undertaking names and marks sometimes can be seen in mix relationship among them. To analyze such cases one must approach the issue with a rather broad eye armed with knowledge of distinctive signs and unfair competition law.Turkish IP law and within it, Trademark Law is harmonized with EU law and universal Law of this area. Sooner the new Commercial Code numbered 6102 which is adapted continental law will be in force and so the whole picture will be complemented. So this study referred both old Commercial Law and the new one when it needs.First section held the concepts of the distinctive signs, historical aspects, their characteristics, legal basis and protection of them. Afterwards, the core issue of priority examined within the principals of trademark law. In this context, related decisions of Court of Cassation were also evaluated and scrutinized.A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller?s products and distinguish them from the products of another. Trademark has a critical role in actual economy both for firms regarding to distinctive of their goods and services and for consumers to save them harming results of misleading signs and practices. An enterprise promoting its quality of goods and services with its trademark recognized in the world also uses a company name and an undertaking name to distinguish it from its competitors.Although likelihood of confusion and dilution are the two main trademark related causes of action, there exist a number of additional general unfair competition causes as for common law cases, passing off, contributory passing off, reverse passing off, and misappropriation. In order to prevail on a trademark infringement action, an individual or company must show priority of its trademarks use in commerce is likely to cause confusion among the relevant consuming public. So prior use of a sign or registration of a specific sign as gaining a seniority to the other?s similar signs are critical for obtaining a proper protection. The definition of use in commerce is the bona fide (actual) use of the trademark in the ordinary course of trade, and not made merely to reserve a right in the trademark.One of the aims of thesis is to examine registered trademarks, trade names, geographical names, undertaking names, domain names and unregistered marks and relationship between the separate. The other issue as core problem of trademark law is priority, scrutinized also. The questions of who is the first and who is the preferable one and how, tried to be clarified.Keywords: trademark, trade name, domain name, company name, priority and seniority, registration of a trademark, decisions of Court of Cassations