19 February 2016Jurisdiction reportsIsik Ozdogan and Ezgi Baklaci

Grey area: fair use of others’ trademarks

Under Turkish law, a brand owner cannot prevent third parties from using its trademark to indicate the type, quality, quantity, intended purpose, value, geographical origin, time of production, or any other characteristics of goods or services if the trademark is used in accordance with honest practices in industrial and commercial matters (article 12 of the Decree Law covering trademarks). Similarly, third parties may use a brand owner’s name or address if these criteria are met.

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