THE PROTECTION OF REGISTERED TRADEMARK IS CHANGED EXCLUSIVELY WITH NEW TURKISH INDUSTRIAL PROPERTY LAW.

Court of Appeals 11.HD. Decision no 2002/5666 E. 2003/3612 K of 14.04.2003

"... The case relates to the cancellation of the Industrial Design Registration Certificate and the request to prevent unfair competition. Owners of proprietary industrial designs may use the design unless such proprietary rights are nullified. The original case was opened on 11.12.1997 and the merger case was opened on 16.4.1998 and the defendant designs were registered on 21.10.1996 and 21.3.1996. From this point of view, it was not deemed correct for the action to be decided as a violation of the plaintiff's design and unfair action, since the defendant's use of the proprietary and valid brand and design did not constitute unfair competition until the court's cancellation date.

has changed with the Industrial Property Law No. 6759:

 The proprietor of a trademark, patent or design right shall not use this right against prior right holder.