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Article 29 - Acts considered as infringement of trademark right

Turkish Industrial Property Code (Law No. 6769)
Article 29

Acts considered as infringement of trademark right


Article 29

(1) The acts below shall be considered as infringement of trademark right;
a) To use the trademark as set out in Article 7 without the consent of the trademark proprietor;
b) To counterfeit the trademark by using the trademark or a confusingly similar trademark without the consent of the trademark proprietor;
c) While being aware or should be aware that the trademark is counterfeited by use of the trademark or a confusingly similar trademark, to sell, distribute, put on the market in a different form, possess for commercial purpose, import, export the products carrying infringed trademark or to offer to make a contract related to this product,
ç) To broaden or to transfer to third parties, without consent, the rights given by the trademark proprietor through license.
(2) Provisions of second paragraph of Article 19 may be used as a defense in infringement proceedings. In this situation, the date of the proceeding shall be taken into account for determining the five-year period related to the use.


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