Protection of commercial name

Commercial name is the name under which a tradesman does businessregarding his commercial enterprise. The most significant function ofcommercial name is to introduce the tradesman and make him distinguishedfrom other tradesmen. Commercial name is included in intellectual propertyrights while the right of commercial title is an intangible property right.Tradesmen intend to utilize commercial names which gain certain valuesthanks to their endeavors and skills. However, commercial names can beviolated by people who wish to unjustly take advantage of the tradesmen?sefforts and turn profit easily. Therefore, a need arises for the protection of thetradesmen?s rights on commercial names through legal enforcement againstintentional or unintentional violations by others.The confusion of commercial names occurs by the use of the same orsimilar name by others as their commercial name. The use of commercial nameas well as the distinguishing word in the commercial name in other introductorymarks such as brand, business and domain names can also mean violation andunfair competition.Specific provisions have been included in Turkish Commercial Law andthe New Turkish Commercial Law regarding the protection of commercialnames registered within the scope of the Turkish Law. Furthermore, otherviiprovisions concerning unfair competition in terms of protecting registered orunregistered commercial names are also referenced. Moreover, severalprovisions have been included in the Statutory Act Nr. 556 for the Protection ofBrand Names in order to avoid the confusion between commercial names andbrand names. In addition to the above facts, the commercial name holder alsohas the opportunity to protect his commercial name as per the Article 8 of theParis Agreement.