Trademark Infringement: Compensation and Criminal Cases in Turkey

A trademark is the identity of a business. Unauthoriized use of a registered trademark, or creating a likelihood of confusion (iltibas), constitutes “Trademark Infringement”. This leads to both Civil Liability (Compensation) and Criminal Liability (Imprisonment).

1. Civil Rights (Compensation Lawsuit)

The trademark owner can file a lawsuit in the Civil Court of Intellectual and Industrial Rights to claim:

• Material Compensation: Payment of the infringer’s profits, the trademark owner’s lost profits, or a licensing fee.
• Moral Compensation: For damage to the trademark’s reputation.
• Reputation Compensation: If the trademark is used on inferior quality goods.
• Seizure and Destruction: Confiscation and destruction of counterfeit goods and manufacturing equipment.

2. Criminal Rights (Imprisonment)

Upon complaint by the trademark owner, the Prosecutor opens an investigation.

• Persons producing or selling counterfeit goods face 1 to 3 years imprisonment and a judicial fine.
• Effective Remorse: If a seller reveals where they bought the goods and helps catch the manufacturer, they may avoid punishment.

3. Evidence Collection (Raids)

Before filing a main lawsuit, a “Determination of Evidence” and “Preliminary Injunction” order can be obtained from the court to conduct a sudden raid with police to seize counterfeit goods.

FAQ

My trademark is not registered, can I sue? Unregistered trademarks cannot benefit from the Industrial Property Law protections directly, but you can sue under Unfair Competition provisions of the Turkish Commercial Code. Registration is always the strongest protection.

Legal Support: Contact us for anti-counterfeiting raids and compensation lawsuits.

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