ERDEM-NEWSLETTER-2018-metin

323 INTELLECTUAL PROPERTY LAW their own trademarks, pursuant to Article 7.2.b of the IPL. In addition, the IPL, with its Article 7.2.c, grants rights to the proprietors of well- known trademarks that are registered in Turkey in order to prevent third parties from using any symbol that is identical or similar to their well-known trademarks in relation to the goods or services that are not similar to those for which their trademarks are registered, if one of the above-mentioned conditions i, ii, iii exist. Within this scope, the right- holders are entitled to forbid the placement of the symbol on the goods or packages, its usage on business papers and/or advertisements etc. Invalidity If the above-noted absolute or relative grounds of refusal exist, the earlier registered trademark’s rightholder is entitled to request from the court to decide upon the invalidity of the trademark that is subject to confusion. In this case, the court’s decision shall be effec- tive, retrospectively, from the date of the application of the subsequent trademark, and the protection provided by the IPL shall be deemed as though it never had been registered. Penal Remedies Pursuant to Article 30, a person who produces goods, or provides services, exposes them to sale, or sells them, exports or imports them, purchases, owns, transfers, or keeps to commercial purposes by creat- ing confusion to a trademark that belongs to others, shall be sentenced to between one and three years of imprisonment, and twenty thousand days of judicial fines. If this crime is committed by legal entities, then safety measures can be applied. Investigation and prosecution of this crime begins upon complaint. In order to apply penal remedies, the trademarks must be registered in Turkey. Provisions of Unfair Competition Pursuant to the established Court of Cassation decisions, the rights of the trademark proprietors are protected under Turkish Commercial Law numbered. 6100, as well. In line with the provisions of unfair competition, unregistered trademarks and foreign trademarks that are not registered in Turkey may request the removal of trespass, initiate a