Trademark Infringement Penalty and Litigation Process – 2025

Trademark Infringement Penalty and Litigation Process – 2025. A trademark separates an undertaking’s goods and services from those of other undertakings. Registered trademarks are legally protected. The Industrial Property Law has secured the trademark right. Any use without the trademark owner’s permission will be considered an infringement. However, the infringement can cause serious damages for the trademark owner. The detection and punishment of these infringements are important. Trademark infringement lawsuits are filed for this purpose.

What is the Penalty for Trademark Infringement?

Infringement of a trademark right is subject to various sanctions. Sanctions can be applied to infringers through legal and criminal means. Legal sanctions include the claim for compensation. The cessation of the infringement is also among the legal sanctions. In addition, the removal of the unauthorized use may be requested.

Criminal sanctions are clearly stated in the law. These lawsuits are heard in the Intellectual and Industrial Rights Criminal Courts. Criminal provisions aim to provide deterrence. The use of another person’s trademark will constitute a crime. Manufacturing goods that counterfeit the trademark is also considered a crime. Penalty for trademark infringement may include imprisonment.

The amount of penalty changes according to the way the crime is committed. The law foresees imprisonment from one year to four years. Aggravating factors may increase the upper limit of the penalty. Besides, judicial fine may also be imposed. The criminal trial process must be followed carefully. Evidence is necessary for the proof of infringement.

What is the Penalty for Trademark Infringement on Trendyol?

Trademark infringements have increased on digital platforms. Marketplaces like Trendyol can create grounds for these infringements. Platforms mediate the sales of third parties. Trendyol has established mechanisms against trademark infringements. Trademark owners can submit an infringement notification.

Trendyol may remove the product from publication after evaluating the notification. If the infringement continues, the seller’s account will be suspended. In-platform penalties are administrative in nature. Nevertheless, this does not eliminate legal and criminal liability. A lawsuit can also be filed for infringements detected on Trendyol. In this case, a penalty will be applied according to general provisions. Infringements on Trendyol are also subject to legal follow-up.

The penalty processes on the platform operate quickly. However, the legal process may take longer. Sellers also have the right to object. Well-intentioned sellers may suffer victimization. This situation also poses a risk for the platforms. Trademark right protection must be ensured in all channels.

What Can Be Done in Case of Trademark Infringement?

A person who encounters trademark infringement must act quickly. As a first step, the infringement must be detected. Evidence such as notary detection must be collected. It is possible to send a warning letter to stop the infringement. The warning letter serves the function of informing the opposing party. Then, the legal process will be initiated. Mediation can be attempted before filing a lawsuit. Material and moral compensation will be claimed during the lawsuit process. Furthermore, it is important to file an interim injunction request. Infringement can be prevented with the interim injunction.

The interim injunction request must be submitted to the court. Court will decide after reviewing the request. For example, the collection of counterfeit products may be requested. The precaution decision must be implemented quickly. Evidence determination is also important. The scope and duration of the infringement are determined by these detections. The collected evidence is critically important for the lawsuit.

Trademark Infringement Mediation

Mediation has become mandatory in trademark infringement lawsuits. It is required to apply to a mediator before filing a lawsuit. Mediation aims for the reconciliation of the parties. The mediator is an impartial third person. Disputes are resolved faster with this method. The principle of confidentiality is important in mediation. A successful mediation process will prevent a lawsuit. The path to filing a lawsuit is open if an agreement cannot be reached.

The mediation process requires expertise. Mediators specialized in trademark law should be preferred. The interests of the parties are tried to be protected. As a matter of fact, the principle of confidentiality protects trade secrets. The mediation agreement carries the characteristic of a legal document. It is possible for it to substitute for a court decision. Thus, long litigation processes are avoided.

Trademark Infringement Defense

The party facing the claim of trademark infringement can also make a defense. Legal grounds must be presented against the infringement claims. The defense aims to prove that the infringement did not occur. Therefore, the defense strategy must be well determined.

In the defense, the scope of the trademark registration can be questioned. The distinctiveness of the infringed trademark can be discussed. It may be alleged that it is a widely used phrase in the industry. It may be stated that the use is a requirement of commercial life. Is tried to be proven that there is no intention of infringement. On the other hand, it may also be alleged that the trademark was registered with bad faith. All these defenses must be supported by evidence. It is essential to get help from a specialized lawyer. Defense petition must be prepared by this lawyer.

The infringement claim may be unjust or unfounded. The similarity between trademarks may have been evaluated incorrectly. Differences in the registration class and area of use are important. These differences constitute strong bases for the defense.

Trademark Infringement Complaint Petition

The criminal process is initiated with a complaint petition. Trademark owner must file a complaint after learning about the infringement. The complaint period is determined in the law. This period is of a forfeiture nature. The complaint petition must be submitted to the prosecutor’s office. Petition must contain all the details of the incident.

The person complained about and the infringement act must be clearly specified. Evidence and witnesses must be added to the petition. In addition to this, the trademark registration certificate must also be submitted. The prosecutor’s office initiates an investigation after reviewing the petition. A decision is made on whether to file a lawsuit at the end of the investigation. The correct preparation of the complaint petition is very important. Legal support plays a critical role at this stage.

The information of the complainant and the suspect must be complete in the petition. Where and when the infringement occurred must be written. All documents related to the infringement must be attached. The effects of the infringement on the trademark right must be explained. Consequently, the petition must be in compliance with legal justifications. Otherwise, the investigation may be prolonged.

Trademark Infringement Compensation

Those who suffer damage due to trademark infringement can claim compensation. Compensation is of two types: material and moral damage. Material compensation aims to cover the actual damage. The profit that could not be obtained due to the infringement is also requested. Trademark owner’s damage can be calculated by various methods. For example,the profit obtained by the infringer can be requested. The amount to be determined as a license fee in case of infringement may also be demanded.

Moral compensation aims to compensate for loss of reputation and distress. The damaging of the trademark’s prestige constitutes moral damage. Amount of moral compensation is determined by the court. The compensation lawsuit is filed in civil courts of first instance or intellectual and industrial rights civil courts. The legal basis of the compensation claim must be presented well. Apart from this, the announcement of the decision can also be requested. The announcement informs the public about the results of the infringement.

Detailed calculations must be made for the proof of damage. Expert examination plays an important role at this stage. The duration and intensity of the infringement will affect the amount of compensation. High amounts of compensation claims are carefully examined.

Trademark Infringement Penalty and Litigation Process – 2025. Trademark infringement lawsuits are complex processes. Criminal, legal, and administrative sanctions are in question. Attention must be paid to infringements on platforms like Trendyol. The mandatory nature of mediation aimed to speed up the process. Therefore, it is vital for trademark owners to protect their rights. It is recommended that legal processes be carried out through a specialized lawyer. The fight against rights infringements must be continued with determination.