Unregistered signs under the scope of trademark law

Unregistered signs have not been under protection in accordance with the legal provisions of special acts except the Turkish Commercial Code. In other words they have not been registered to the relevant registries. Unregistered trademarks, unregistered commercial titles, unregistered business enterprises, unregistered designs, unregistered geographical signs, individuals? names, photographs, copyrights and domain names can be given as the most common examples of unregistered signs. The main method regarding the protection of these signs is ?registration system? that has been generally recognized under the provisions of national and international regulations. However unregistered signs have not been out of protection entirely also and taken under protection by some exceptional provisions. The regulations regarding the protection of unregistered signs have been stated in ?the Decree in the Force of Law on the Protection of Trademarks, No. 556? under the scope of Turkish Law implementations. Furthermore it is possible to refer to the unfair competition provisions of Turkish Commercial Code regarding the unregistered signs which are not under protection of above mentioned decree law. Registration system has been recognized according to the provisions of ?the Decree in the Force of Law on the Protection of Trademarks, No. 556?. Rights on the trademarks right shall be raised upon the registration under the implementation of registrations system. Considering trademark protection, it is possible to recognize the exceptional regulations regarding the unregistered signs besides the main registration system. These exceptional regulations have been provided concerning the trademarks acquired distinguishing character after utilization, well-known trademarks, an unregistered mark or a prior right regarding the signs used during the commercial activities, circumstances in which the trademarks include a name, a photograph, a copyright or an industrial property right pertaining to another person and circumstances considering pre-emptive right. It is possible to recognize the regulations regarding the protection of unregistered signs under the scope of the European Community Trademark Legislation and the international treaties to which Turkey is a party. ?Paris Convention for the Protection of Industrial Property? is the first regulation which intends to protect intellectual and industrial rights effectively over the international area. Provisions regarding the protection of unregistered signs have been stated especially in consideration with the well-known trademarks and pre-emptive right under the scope of the Paris Convention. ?First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC)? and ?Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark? include significant provisions regarding the protection of unregistered signs. Above mentioned regulations constitutes the ground of both European Community Trademark Legislation and Decree in the Force of Law on the Protection of Trademarks, No. 556