Deleted user
posted 2 years ago
Misuse of trade name
If a company in Turkey uses the ZARA trade name, what kind of legal action can be taken?
Country
  • Turkey
Fields:
  • Intellectual Property
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patnaiksv
Deleted user
Lawyer
posted 2 years ago
World intellectual property rights protects from the infringement of copyrights and trademarks of the Original owner of the Trademark registered in WIPO and procedure for prosecution also stated in WIPO. Thanking you. With kind regards, S.Venkateswar Patnaik, High Court Advocate, Legamart Member, Bhubaneswar, Odisha India Mobile📱📞+918480613309
asiye
Deleted user
Lawyer
posted 2 years ago
law no : 5833 Criminal provisions ARTICLE 61/A – A person who produces, sells or sells goods or services by encroaching on the right to a trademark belonging to someone else, is punished with imprisonment from one to three years and a judicial fine of up to twenty thousand days.
kubraozreisoglu
Deleted user
Lawyer
posted 2 years ago
Zara is a registred trademark in the name of Industria Textile (owner of Zara clothing brand) and a well-known trademark in Turkey. It constitutes violation of the trademark owner rights' if a third party uses the trademark ZARA on the goods and products on which such trademark is registered and due to its well-known status on the other goods and products as well. However, there are some exceptional cases in which Zara trademark can be used, e.g. use of Zara trademark by the famous singer Zara in class 43 and some exceptional uses due to the term Zara being a place in Sivas, a city in Turkey. In any case, possibility of infringement should be evaulated case by case therefore it is not really possible to give a general opinion on use of Zara brand without knowing the scope of use. Still, I personally do not recommend use of such term, as I know how the trademark owner's approach to IP protection is aggressive and protective.