In Turkey, safeguarding your trademark from infringement is critical to maintaining the strength and value of your brand. The Industrial Property Law (SMK) offers robust protections to ensure that trademark holders can take action when their rights are violated.
- Monitoring for Infringement To protect your trademark, it’s important to monitor the market for any unauthorized use. This includes similar logos, brand names, or product labels that may confuse consumers or damage your reputation.
- Sending a Cease-and-Desist Letter If you notice infringement, the first step is typically to send a cease-and-desist letter to the offending party. This formal request informs them of the infringement and demands that they stop using the trademark immediately. Often, this is enough to resolve the issue without needing to go to court.
- Filing a Lawsuit When the infringement persists, you can file a lawsuit for trademark infringement under SMK. Turkish courts have the authority to order the infringer to stop using the trademark and, in some cases, to destroy infringing products. You may also be entitled to compensation for any financial damage caused by the infringement.
- Requesting Preliminary Injunctions To prevent ongoing harm, trademark holders can request a preliminary injunction from the court. This allows you to take swift action, such as freezing the sale of infringing goods, while the case is being resolved.
- Customs Protection To further protect your trademark, you can register it with Turkish customs. This prevents counterfeit goods from entering the country by allowing customs authorities to seize infringing products at the border.
Trademark protection under SMK gives businesses powerful tools to defend their brands. If you need assistance navigating the process or taking action against infringers, our team is here to help ensure your trademark remains secure.