Risk of confusion between trademark and trade name

Persons use distinctive names and signs such as trademark and trade name in order to increase their profitability and protect their existing commercial activities. Trademark and trade name are subject to many violations due to their importance in commercial life. A significant part of the violations in question, arises from the use and registration of the distinctive part of the trade name within the trademark and trademark within the trade name. As a result of violations, there is a risk of confusion between the trade name that distinguishes the merchant and the business naturally, and the brand that distinguishes the business's goods and services. In the event of a risk of confusion, the trademark and trade name holder have been granted some rights to secure their interests on the sign. As a result of the exercise of these rights, the personal interests of the right holder, who has an investment and effort on the sign, and the social interests of the concerned persons who are prevented to be mistaken are protected. In our thesis study, it had been studied in detail that, which circumstances the confusion between the trademark and the trade name will arise, legal remedies related to the risk of confusion, deficiencies in the legislation and suggestions for solutions. During the examination, domestic and foreign works, articles, theses, court decisions and arbitral awards were taken as basis. Keywords: Trademark, Trade Name, Risk of Confusion, Goods, Service, Industry.