Arslan Law Firm

Intellectual and industrial property law aims to protect the products which resulting from ideas and creativity and to provide various rights related to these products. Intellectual and industrial rights law is the field of law that was created for the embodiment of abstract ideas about property rights. This subject, which requires a much different structure and legal knowledge than the property right in its classical sense, can be examined in two branches. Intellectual property is related to the protection and provision of rights regarding intellectual production in literature, fine arts, architecture and similar fields. Industrial property, on the other hand, is related to inventions, innovations, original designs and brand formations (which are related to counted elements) in the field of agriculture and industry.

Patent is a document issued by the public authority that gives the right owner the authority to decide use or not to use the right by the others. Also patent is given to the right owner of an invention that exceeds the known technical aspects, brings innovation and is applicable in the industrial sense. This document prevents unauthorized use of the invention. The Turkish Patent and Trademark Institute is the competent authority on this subject, and it is possible to determine whether the invention has been patented by other persons before, by applying to this institution. In order to obtain the patent document, a description must be prepared to prove that the invention has the necessary features and other necessary documents must be submitted. Any deficiency may cause the application to be rejected. Therefore, preparation and follow-up of this process requires care. The purpose of brands is to separate the goods and / or services of a business from those of other businesses. Brands; are distinctive signs that appear in the form of personal names, letters, shapes, packaging or the shape of the goods, numbers, and even sound and smell. In order for the trademark to be registered, the first feature sought is its distinctiveness from other trademarks. The trademark right of the business can be acquired through registration or usage. The authority to apply for registration is the Turkish Patent and Trademark Institute. The distinctiveness of the trademark to be registered have the vital importance in terms of registration. Therefore, making preliminary examination to application and following the application process correctly are very important situations to prevent the rejection of registration. In addition, trademark registrations are valid for 10 years and must be re-registered at the end of the term. In case of having a trademark right with usage; the company using the trademark becomes the real right owner of the trademark and  if trademark is registered by another company, the real right owner may demand the transfer of the trademark by making this registration invalid by filing a lawsuit. Another important point in trademark law is trademark infringement.

Trademark infringement can occur in these situations; using the registered trademark without the consent of the trademark owner, imitating or using the indistinguishably similar;  selling ,distributing or holding (for commercial purposes) the brand’s product which contains brand infringement and etc. In cases of trademark infringement, it should be examined in the