Home News What are the rights of someone whose trade name is used unfairly?

What are the rights of someone whose trade name is used unfairly?

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(1) In the event that a trade name is used by someone else in a manner contrary to commercial honesty, the right holder may request the detection and prohibition of this; if the trade name used unfairly is registered, its legal modification or deletion; the elimination of the material situation resulting from the infringement; the destruction of the vehicles and related goods if necessary; and, if there is damage, material and moral compensation depending on the severity of the fault. As material compensation, the court may also rule for the benefit that the aggressor is deemed to have gained as a result of the infringement.

(1) Upon the request of the winning party, the court may also decide that the decision be published in a newspaper, with the expenses to be borne by the person against whom the judgment was given.

Business name

(1) Names used directly to introduce the business and distinguish it from similar businesses, without being related to the business owner, must also be registered by their owners. Articles 38, 45, 47, 50, 51 and 52 of the TCC shall also apply to registered business names.


Source: Turkish Commercial Code Articles 52, 53
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.


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