NEWSLETTER-2017
296 NEWSLETTER 2017 Rights Conferred by Trademark A trademark right is subject to a protection term of ten years. A renewal application may be initiated within six months prior to the extension of the protection term provided that the requested renewal fee is deposited. Renewal and, accordingly, the protection term of trademarks are unlimited. In the event of renewal, the protection term of ten years begins again. Infringement of Trademarks The Law classifies infringement actions under four groups. Ac- cordingly: • Usage of trademarks within the rights granted to the trade- mark owner without permission of the trademark owner; • Imitate the trademark through using the same or similar sign without the permission of trademark owner; • To sell, distribute, commercially use, import, export to hold the goods bearing the trademark used through infringement for commercial purposes, or to make offers to execute agre- ements with regard to the same; and • To expand or to transfer to a third party the license right granted by the trademark owner constitutes infringement of a trademark. Penalty Terms for Infringements of Trademarks The Law regulates certain penalties for the infringements of trademarks registered in Turkey. Please refer to the Article 30 for the judicial fines and prison penalties regulated for the infringement ac- tions. The Law prescribes an effective repentance term for the persons who expose the goods produced imitating the trademark for sale, or for sale in the event that such person asserting the source of such goods, or ensures that the persons producing such goods be revealed, and seizing such goods, and the penalty terms shall not be applied.
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