Comsumption of brand rights and exceptions

Trade mark is a distinctive sign of some kind which is used by a business organization to uniquely identify the source of its products and services to distinguish its products or services from those of other entities. Trademark defined as a type of intellectual property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. Trade mark rights may be used to prevent others from using a confusingly similar mark and prevent others from making the same goods or from selling the same goods or services under the same mark. It is a monopolist and an absolute right that can be contended towards anybody. Limitation, designated for prevention from abuse of brand rights, is referred as consumption principle. Principle of consumption of brand rights means inability to prevent currency of branded merchandises, introduced within a certain geographical region by brand owner or a third person under the consent of brand owner, on the basis of brand rights. National, regional and international consumption systems are anticipated in connection with determination of geographical territories of principle of consumption of brand rights. National consumption principle is adopted in our country according to 13th article of 556 Numbered Law Equivalent Decree. Nevertheless, Supreme Court has enabled parallel imports via its resolutions, and accepts international consumption principle. Cases, where principle of consumption of brand rights is not applicable, are arranged, and exceptions of this principle are anticipated. Brand owner has the right to prevent commercial usage via modification or deteriorating by third persons after introducing the merchandise to the market.