Usage peculiar to trademark and trademark infringement acts

Article 9 of Decree Law on Trademark Protection ?Scope of the Rights Arising from Trademark Registration?, states in subclause 1 the occasions which a trademark owner is empowered to claim prevention of usage of his trademark without his consent, and determines in subclause 2 the acts which might be restrained in accordance with subclause 1. Besides the European Union norms applicable to this subject, it is analysed in our study, whether realization of the occasions stated in Article 9, subclause 1 of the Decree Law on Trademark Protection is necessary in order to apply subclause 2 of the same article. Moreover, occasions where the trademark owner is empowered to claim prevention of usage of his trademark, whether a third party?s use of the brand peculiar to trademark is required in order to deem suct act as trademark infringement. In this context, the concept of usage peculiar to trademark is tried to be defined in connection with the functions of trademark, usage of trademark in scope of obligation to use trademark and usage infringing trademark are compared with respect to usage peculiar to trademark. Explanations regarding identity protection against trademark infringement acts, protection against risk of confusion and protection of wellknown trademark are stated, and conditions required for asserting trademark right against infringement acts are analysed. As a problem for trademark owner nowadays, especially in practice, usage of trademark as a business name, usage of trademark in comparative advertisements and on internet (as domain name, metatag or while framing and linking) are also discussed under the scope of this study. Besides, fair usage of trademark and usage in relation to industrial areas, exhaustion of trademark right and usage of trademark in reference books are also analysed within the context of occasions where trademark owner is not empowered to assert his rights arising from registered trademark. Key Words : 1) Usage Peculiar to Trademark, 2) Breach of Trademark, 3) Protection of Trademark, 4) Usage of Trademark, 5) Trademark on Internet