Markanın dürüst kullanımı
Özet
A trademark is a distinguishing sign which indicates the source and quality of goods or services and gives exclusive rights to its owner. Decree law no 556 Article 5 has a broad understanding of the term ?sign?, which may be treated as a trademark. This provision regulates that any sign can be registered as a trademark in case it has the following requirements; ability to distinguishing; can be shown by drawing, can be expressed similarly, can be broadcast with printing or to run off copies.Furthermore when we analyze; exclusive right which is limitless in terms of time and freedom of choice all shades of marks admitted to enterprises by Decree law no 556 with article 9 of Decree Law no 556 that regulate rights conferred by a trademark and article 62. et. of Decree Law no 556 that regulate infringement of trademark right, necessity of limitation of trademark rights have occurred.Trademark fair use that has been examined as three chapters in our study is a usage right resulting from the exclusiveness of the right granted by trademark and restricts trademark right to benefit of third persons.In our study, scope of trademark fair use are examined as part of national and international trade-mark system and tried to research limitation of trademark righs in light of court desicions and doctrine.