Abstract:

The trade title is the names that traders use to promote themselves in their commercial relationships. The process and procedure of registration of trade titles must have the properties necessary to protect the interests of the title holder, the relevant persons and the public outside of the title holder. The subject of this review is to examine the registration process of trade titles in Turkish law, identify the problems that occur in the registration process and make suggestions for the solution of these problems. The proposals of solutions benefit from the opinions suggested in the doctrine and the legal arrangements in comparative law. This article consists of two sections. In the first section, the process of registration of the titles is explained. In this context, the structure of the trade title, the general principles of its registration, the names and signs that can be registered and the names and signs that are registered under prohibition or permission are referred. In the second section, the process of registration of trade titles is assessed in terms of the protection of trade names and signs. In this context, the registration process is examined in the direction of previously registered trade titles and other trade names and marks. Furthermore, each section is based on aspects that differ from Turkish law and includes the legal regulations, practices and opinions on the subject of the comparative law.

Abstract:

A trade name is the name used to identify merchants from others in their business operations. The registration procedure of trade names shall have the necessary features to protect the interests of the merchant, other relevant persons and the public. The subject of this article is to examine the registration procedure of trade names in Turkish law; to identify problems emerging during the registration process and to propose solutions for these problems. In this regard, opinions in academic studies and the regulations in comparative law are considered. This article consists of two parts. In the first part, the registration procedure for trade names is explained. In this context, the structure of trade names, general principles of registration, names and signs, which are freely registrable, prohibited, or subject to permission in trade names are mentioned. In the second part, the registration process of trade names is evaluated concerning the protection of trade names and signs. Within this framework, the registration process is examined in terms of previous registered trade names and other trade names and signs. In addition, as based on the differentiating features from Turkish law, each title includes the regulations, practices and opinions in academic studies in comparative law

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