Ata Patent has assembled an experienced group of trademark lawyers in Turkey to help clients protect and enforce intellectual property rights and represent them in trademark infringement lawsuits in Turkey.
Our trademark attorneys also provide services for; search, application, registration, assignment, renewals, refusals, and protection such as IP litigation, appeal, opposition, cancellation, infringement, monitoring, and IP licensing.
IP matters can be confusing, even for seasoned business owners. Ata Patent is here to cut through the complexity and offer guidance. We offer client-centric representation to a wide range of businesses and individuals, including those who are looking to secure their intellectual property or who are concerned about violating trademarks.
In today’s world, intellectual property is extremely valuable — now more than ever before. Brands can now reach a global consumer base with a simple click of the button online, thus enhancing the inherent value of business trademarks and copyright.
With the years of experience of our accomplished litigation attorneys, our firm has the ability to effectively represent our clients’ interests in a variety of IP litigation matters including trademark infringement lawsuits in Turkey.
Trademark Infringement Lawsuits in Turkey
A registered trademark owner may ask a Civil IP Court to make a judgment ordering the defendant to stop all infringing activities and make compensation for all damages. The judgment of the IP Court may also include the confiscation and destruction of counterfeit products, along with machinery and other equipment used to produce the counterfeits.
Interim injunctions may also be sought before or during civil infringement cases. The owner of the IP right may seek a preliminary ex parte injunction. Evidence must be very strong to convince the judge to give such a decision without listening to the defendant.
However, the courts mostly assign a special hearing date to give a decision on the interim injunction. It is almost impossible to receive an exparte injunction apart from in unquestionable trademark infringement cases.
The court may give an interim injunction ordering the suspension of the infringing acts and seizure of the counterfeits wherever they are found in the territory of the country, including customs. The interim injunction remains valid until the end of the main case: then the judgment permanently supersedes the injunction.
The interim injunction does not order a one-time seizure like a police raid in a criminal proceeding. As it can be enforced several times in several places, the interim injunction of a civil court ordering the cessation of all infringing acts and the confiscation of all counterfeits may be recognized as the most satisfactory decision in Turkish IP litigation.
Compensation for material and moral damages can only be requested in a civil proceeding. The plaintiff has to choose one of the three options described in 6769 numbered Industrial Property Law for the calculation of his material damages. The most frequently chosen option is the income of the infringing party when using the owner’s IP right.
In trademark infringement lawsuits, material damages may also be calculated according to the possible income of the right holder if the infringement did not exist and the license fee if the infringing act was lawful.
Reach us for Trademark Infringement Lawsuits
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management.
We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, and litigate in IP courts and before TPTO.