According to the 1st repeating in the article 6 of the treaty which Turkey has become a part of, contracting parties have accepted the registration avoidance of a legitimized brand on behalf of any third person. A legitimized brand and a legitimized brand within the scope of treaty of Paris refer to different notions.
The essence of this treaty on the legitimized brand in any country is based on the prevention of unfair benefit of a registrant in his/her country without having any justified reason.
Even if the brands are not officially registered in Turkey, the legitimized brands within the scope of Treaty of Paris;
- have a right to object to the possible registration with different logo for a different brand in the same or similar class of goods and services. The avoidance may be in question for different class of goods and service seven if there is just a possibility to connect with.
- Invalidity action may be filed in case it was registered on behalf of third person, and the invalidity action may be filed after 5 year-time-out because of presumption in case a party which has worked in the same sector records that brand.
- Prohibition or damages action may be filed for misapplication carried out by the third parties.
In the practice of Treaty of Paris, it is specified that it is enough to be a registered brand in the relevant environment to be a “legitimized brand” to be prevented.
The relevant environment is defined in WIPO in 1999 with:
- the actual and potential customers of the goods and services concerning the brand
- the parties and co-operations in the channel of distribution
- the business environment of the goods and services.
The legitimization of a brand is not related to the export of distinguishing goods to Turkey, the visibility of foreign services in Turkey, and actually known and use of a brand in Turkey; as long as it is definable in law. However, deliberated brand is mentioned in the Treaty of Paris, but not a brand known by everybody. In case of otherwise accepted, exceptable benefit from the Treaty of Paris is getting less in protecting the brands internationally.
While the legitimization of a brand is evaluated, the potential customer will be taken into consideration within the scope of the criterion defined by WIPO (namely, international registration of the brand, the geographic area where the brand is used, the intend to produce a mock sample of the brand, etc.), and the legitimization of a brand will be mentioned provided that it is decided that the brand be known.
As a result, to be able to call a brand legitimized in Turkey in accordance with the Treaty of Paris is sufficient with the fact that the brand is registered in its original country. The aim of this contract prevents the brand from unlawful interference and/or profiting.
