Ata Patent Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent has assembled an experienced group of Turkish Intellectual Property Litigation lawyers to help clients obtain, protect and enforce intellectual property rights including; Turkish Trademark Infringement Law Suits, Turkish patent application, registration, protection such as ip litigation, appeal, opposition, cancellation, assignment, monitoring, search, and 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.
At Ata Patent, it is our firm philosophy to develop personal working relationships with our clients, which enables us to provide responsive and effective legal services. We work with our clients to ascertain that our legal services are appropriate to their interests. From the outset of our handling of each matter, we assist our clients in analyzing the risks, benefits and costs associated with each legal transaction.
It is the goal of the firm members to provide timely and effective legal services in each legal matter for which we are retained. We pride ourselves on putting the interests of our clients where they should be – first and foremost.
Turkish Trademark Infringement Law Suits
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 the 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 country, including customs. The interim injunction remains valid until the end of the main case: then the judment 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 a 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 decree laws 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. 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.
Turkish Trademark Criminal Infringement Actions
According to the new Articles of the criminal procedure, IP related criminal actions are defined as public actions to which the IP right holder can joined. The procedure starts with a complaint filed before the public prosecutor, including the request for the confiscation of infringing products. If the prosecutor and/or the judge are convinced of the infringement, they order the police raid for the confiscation of counterfeits.
Police raids as part of criminal proceedings may be recognized as the quickest, and one of the most effective, remedies, along with the interim injunction to stop the infringement. An order for seizure is initiated within one or two days by means of provisions describing the complaint as urgent. In the determination of evidence procedure, the infringer will be informed and will have the chance to hide counterfeits before subsequent raids. Contrary to this disadvantageous situation, convincing the public prosecutor and the criminal judge to order the police raid is a better path for the disclosure and confiscation of counterfeits.
Thereafter, the public prosecutor files a criminal lawsuit before the IP Criminal Courts and the accused may face up to four years imprisonment and fines. Most criminal cases wait for the judgment of invalidity lawsuits in Turkey. The person accused of an infringement most probably files a lawsuit for the cancellation of the related IP right. The criminal court cannot inflict a penalty until the civil court’s judgment. If the civil court invalidates the registration of the right holder, there will no longer be an offense.
That is why the criminal judges wait for the other related invalidity actions, especially for design and patent issues. Therefore, it can be said that the time period for criminal proceedings mostly depends on the civil actions.
What is Trademark Infringement?
A trademark is an intellectual property right in a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of goods or services of one party from those of others. Trademark infringement is the unauthorized use of a trademark, service mark, or a substantially similar mark on goods or services that are competing or related.
Trademark Cancellation Law Suits in Turkey
Ata Patent Inc. handles trademark registration, opposition against a trademark application, and trademark infringement law suits for a wide range of companies. We draw on our significant experience and blend it with a realistic understanding of the business environment so as to wisely, but practically, apply the law to meet clients’ trademark needs to yield commercially viable solutions. Further, we manage our trademark practice with a team of skilled lawyers and legal assistants in order to provide our clients with customized, client-focused services that are prompt, proactive, and value-added.
Trademark cancellation law suits have several grounds. However, these cases are usually filed for reasons of prior usage or registration. Except for the reason of non-usage, the burden of proof is always on the plaintiff. The disclosure of evidence covering prior usage also becomes important before filing the lawsuit.
The partial or total invalidity of a registered IP right may be requested from the Civil IP Courts or other civil courts of the first instance where specialized courts have not yet been established. The competent court for these cases is that of the domicile of the defendant who is the owner of the registered IP right in question.
Apart from trademark conflicts, cancellation cases mostly stand on the lack of novelty in patents and designs. The disclosure and evaluation of evidence by specialized attorneys who have a technical background in related matters is the leading fact in such actions. Evidence must be very strong in order to prove that the design and/or patent do not meet the protection requirements of novelty, individual character, inventive level and industrial applicability, among others.
Some established decisions of the Supreme Court are also being criticized. One of the most highlighted decisions concerns the recognition of the use of a registered IP right as legal and the prevention of the claim of unfair competition and compensation until the invalidation. This means that someone who registered an IP right without an examination, and somehow without objection, will have the right of usage until the end of the cancellation case, which may last for three years, including an appeal period. As this causes an unfair situation for unregistered right owners against bad faith registrars, the Supreme Court point of view is being widely criticized by practitioners, who say that these decisions are encouraging bad faith registrations.
Intellectual Property Litigation in Turkey
Ata Patent’s IP Litigation section today carries on the traditions of over 25 years of courtroom practice, representing clients in a broad range of commercial and IP lawsuits.
The firm’s trial attorneys actively work to improve state judiciary by participating as members of advisory committees to improve the speed and efficiency of the national courts. Many of the firm’s litigation attorneys have previous professional experience that provides helpful insight into our clients’ needs and business practices. The firm’s Litigation section includes attorneys with prior government experience.
While many of the firm’s clients look to us for representation in traditional business and tort actions, the firm’s attorneys are also accustomed to handling matters involving complex and unique legal and factual issues. The firm has coordinated the efforts of several law firms to manage IP litigation encompassing hundreds of factual and legal issues and millions of pages of relevant documents. The firm’s experience has led clients to call upon Ata Patent Inc. to handle their most crucial, time-intensive litigation matters, such as hostile takeovers and “emergency” actions seeking to enjoin or avoid injunctions of business activities. Ata Patent Inc. attorneys have regularly been involved with the trial and appeal of numerous cases of first impression, including intellectual property matters, civil rights matters, litigation under securities laws, and banking and lender liability questions.
The application of available technology to provide cost-effective litigation services to our clients is a priority at Ata Patent Inc. The firm offers in-house computerized database and transcript management facilities using state-of-the-art hardware and software systems, and attorneys, paralegals, and technical staff skilled in the use of these tools. Additionally, the firm has in house capabilities for the development of trial graphics and staff trained to implement the system during trial.
We actively monitor the use of our clients’ intellectual property, and we can act quickly to enforce these various rights against infringers through the effective use of temporary restraining orders and preliminary injunctions. With vast experience in both prosecuting and defending litigation cases involving patents, trademarks, and copyrights, we have been successful in recovering damages and quickly obtaining injunctions for our clients. In some cases, our commercial litigation experience allows us to resolve licensing and contract disputes quickly and efficiently.
Trademark Refusals Services
Turkish Patent and Trademark Office (TPO) reviews each trademark application, and if it concludes that the application has the characteristics needed to be a trademark i.e. if it distinguishes the goods or services of a given business from the goods or services of another business, does not look like a trademark already registered or for which a registration application is pending, does not state type, choice, nature, quality, quantity, purpose, value and geographical source, is not a sign used by everybody in commercial activities, does not contain a religious value or symbol, and is not contrary to the public order and general morality, TPO will decide to publish the application in the Official Trademark Bulletin.
If a trademark application is refused by TPO’s one of trademark examiners after such review, the applicant is entitled to appeal the said refusal by filing an appeal petition to the Re-Evaluation and Examination Board (REEB) of TPO within 2 months from the date on which the said refusal has been notified to the applicant. If the applicant does not use this right within 2 months, its application will be canceled and its right to appeal will be revoked.
If TPO approves that a trademark application meets the criteria described above, it will be published in the Official Trademark Bulletin, so that it will be made available to the public for review.
In this case a trademark application will be published for 3 months. During this period of 3 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPO to object a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches a copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.
Such opposition and the documents enclosed thereto will be sent to the applicant or its attorney in order to enable them to prepare an answer. The applicant or its attorney must present its answer to Turkish Patent and Trademark Office within 1 month after receiving the above mentioned opposition.
Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPO, so that REEB will decide either “application will proceed” or “application will partially proceed” or “application rejected“.
Reach us for Turkish Trademark Infringement Law Suits
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, litigate in IP courts and before TPO.
Ata Patent attorneys not only prosecute but also litigate patents, giving you a distinct advantage. Rather than merely process a patent, our attorneys anticipate evolving trends and assess the likelihood of future litigation. We scrutinize the marketplace, continually staying abreast of changes affecting a client’s business. For a free consultation you may reach our IP litigation attorneys for Turkish Trademark Infringement Law Suits by sending an e-mail or through our Contact page.