Contract manufacturing is a commonly used method which is used
by %70-80 of exporting companies operating in textile sector in all
around the world. Foreign companies are also manufacturing their
products in all around the world, especially in Turkey. However,
Turkish manufacturing companies have some risks in such
Registered trademarks are protected under the Decree-Law on the
Protection of Trademarks of Turkey numbered 556. This protection
constitutes some limitations in terms of production which shall be
analyzed in two aspects:
If the foreign trademark is registered abroad and there is no
other registration relating to such trademark in Turkey
The trademark owner shall have products produced in Turkey under
its brand. Since no other registration and/or application providing
the owner/applicant to prevent the usage of such trademark within
the boundaries of Turkey, the owner will be entitled to manufacture
such products under its foreign trademark.
If the same trademark is both registered abroad and in Turkey
under different owners
Rarely, a same trademark may be registered by different owners
in different countries. In such cases, the registration dates shall
be important to determine the priority. In some cases, the
production may constitute a breach of trademark.
In assumption of the foreign trademark has been registered in
Turkey earlier, Turkish manufacturer shall not produce products
under such foreign registered brand, since such brand is registered
previously under the name of another person in Turkey. Decree-Law
No. 556 on the Protection of Trademarks restraining the use,
product, import and put on the market of the products under the
registered trademark enables the Turkish trademark owner to demand
material and immaterial damages and also file a criminal complaint
about the manufacturer. Also it shall constitute an unfair
competition under The Law No. 6012 Turkish Commercial Code.
In assumption of the brand has been registered in foreign
countries earlier, the foreign trademark owner shall file a suit by
claiming the invalidity of the registration in Turkey. However,
there is a possibility that the case shall be end up with the
dismissal of action.
Abovementioned problems shall remain in the past with the
effectiveness of the Trademarks Draft Code, which will possibly be
accepted on future days before Grand National Assembly of Turkey.
The new code regulates the exception in the scope of rights arising
from trademark registrations. According to Article 12 of the
Trademarks Draft Code, in case the trademark registered abroad is
registered under the name of a person in Turkey following the
registration date of such trademark abroad, the owners of the
trademarks registered abroad shall make products manufactured and
stocked in Turkey by meeting the conditions stipulated as followed;
not putting the products on the market in Turkey, make the products
manufactured only for export, and provide the information and
documents about the manufacturing and export to the right
All abovementioned conditions shall be met cumulatively by such
owner. All rights arising from a registered brand under the
Trademark Code shall be claimed to the foreign trademark owners,
only if they act contrary to this provision.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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