Classification principle in trademark law and impacts of such principle on trademark nullity cases

No doubt that one of the most commonly encountered legal disputes in recent years in our law system is Trademark Law, a branch under Industrial Property. Nevertheless the principle of classification in trademark law have recently come to the forefront and become of vital im-portance, particularly for nullity cases. As it is already known, trade¬mark right is considered as the right on a trademark, which ensures promotion of, distin¬guishing goods and services of a certain establishment, and awareness of customer of such goods and services. The classification principle, however, is of great importance for determination of the limits for trademark right, and accordingly for strict detection of possible breaches by third parties. Be-cause, the rights on the trademark and limits thereof shall come in sight by registration of such trademark/sign and/or by determination of the classes those are grouped in. Therefore, for the study under progress, first of all the issues on trademark right, protection of trademark right and accordingly entire provisions of Decree Law 556 with this regard have been comprehensively reviewed, and thereafter, classification principle and by correlation, registrability conditions and systems for achieving trademark right have been explained under individual headings. The final part of the study assesses the impacts of classification principle within the scope of trademark law, par¬ticularly on breach- and nullity cases. Moreover, the issues have been evaluated on that the arrangements imposed by lawmaker with this regard are inadequate.