Master'sOpen Access

trade name and protection of trade name

2023
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Advisor: Dr. Öğr. Üyesi Sami Özgür Memişoğlu

Abstract (EN)

Trade name is defined as the name used by the trader in his business and transactions related to his commercial enterprise. It helps to distinguish the merchant from other merchants. It has similar or different aspects with business name, brand, geographical indication and internet domain names from other intellectual property rights that are frequently encountered in business life and whose functions or scopes can be confused from time to time. Trade name can only be used by traders and it is included in the assets of the commercial enterprise according to TCC art. 11/f. 3. Therefore, unless otherwise agreed by the parties in accordance with Article 49 of the TCC, the trade name can only be transferred together with the commercial enterprise and the transferee can continue to use the same title. The merchant is obliged to use a trade name while performing the transactions related to his commercial enterprise and signing the documents. Therefore, it is obliged to choose a trade name, register and declare the trade name it has chosen in the trade registry within fifteen days from the day it starts operating its commercial enterprise, The trader can use a trade name without registering it. However, in case of violation of the registered trade name, the trader,may benefit from the special protection provisions contained in Article 52 of the TCC. The trade name consists of the core and the appendix. The core is mandatory. The merchant may add to his trade name if he wishes, except in exceptional circumstances.

Author

Karaca Özmen Balcı

How to Cite

Karaca Özmen Balcı (Master Thesis). trade name and protection of trade name, 2023, Doğuş University.

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