Get Help from Lawyers and Consultants Who Know the Business - "For agreements such as Franchise, Master Franchise, Distributorship"
When we look at the case from a legal perspective, we see that competition and intellectual property law come into play. Because the marketing of the product through franchise is a commercial activity and refers to commercial and competition law, and the trademark is an intellectual activity and its protection is carried out by intellectual law.
Abdullah Bey, could you briefly introduce yourself to us?
I was born in Adana in 1994, completed my primary and secondary education in Adana, and completed my higher education in Istanbul at Bahçehir University Faculty of Law. I am currently continuing my master's degree in Capital Markets and Commercial Law at the same university. We also continue our services and activities in the field of law in our office in Üsküdar Altunizade’office.
Abdullah Bey, we know that you are familiar with brand, branding, franchise and national and international law practices and practices related to these concepts. Can you tell us what a brand is in this context?
Because we are lawyers, let's first define the legal definition of trademark. A trademark is a sign that serves to distinguish the goods or services offered by one commercial enterprise from the goods and/or services of another commercial enterprise.
In a way, brands can be said to be the fingerprint of a business.
In other words, a trademark is the signature, stamp, and trademark of a company in the product it produces. In other words, as important as it is to produce a product, it is just as important to promote that product, to popularize it and to make it attractive to buy. We call this branding and branding.
Today, we see many international brands on the face of the earth. It is mümküpossible to talk about dozens of internationally widespread brands in each of the developed countries. Do you think that there is enough awareness about branding and branding in our country at the moment?
Unfortunately, I don't think that this awareness has been raised sufficiently. Inevitably, when there is no awareness, there is not enough awareness. However; it is undeniable that there has been an increase in this issue recently. It is a fact that as important as it is to create a brand, it is also important to create its brand, to reveal its trademark and to spread it in the national and international arena. The formation of this consciousness and awareness will make a serious contribution to the development of our country. Abdullah Bey, could you tell us a little bit about the legal aspects of trademarks? A little while ago, when I was defining the legal definition of a trademark, I stated that it is a distinctive feature that distinguishes a trademark from other trademarks, a hallmark, as the ancients used to call it. In other words, a trademark is the signature you put on the trademark. It is necessary to legally certify that this signature is yours. If a trademark is imitated and the rights under that trademark are infringed, both criminal law and compensation law sanctions come into play. First of all, trademark counterfeiting is a criminal offense under criminal law and is punishable by criminal sanctions, including imprisonment in case of violation. Unfortunately, we see it a lot. Those who do not want to go through the difficult process of creating a trademark may resort to these violations by considering unfairness. It is possible to find many cases related to this in criminal and civil courts. Brand and franchise are two interrelated concepts. The existence of a franchise in a place also indicates the existence of a brand. When you create a brand, people will want to reach what your brand represents. You will also ensure that your business reaches people through the operators in places where your business is not available. This is where the concept of franchise comes into play. master franchise is a contract to use the concept, business model, knowledge and experience of a proven and successful brand in a certain region or country. When we look at the case from a legal perspective, we see that competition and intellectual property law come into play. Çünkünkü just as the marketing of goods through franchises is a commercial activity and refers to commercial and competition law, the trademark is an intellectual activity and its protection is carried out by intellectual law. As in all other agreements, the nature of the franchise agreement should be clearly set forth in franchise agreements. Along with the protection of the law, problems that may arise later should be put into the contract in a way to protect the rights of both parties. In particular, the necessary arrangements should be included in the contract in order not to violate the rights of the brand that the franchisee represents and markets. Likewise, the obligations of the franchisor company should be clearly included in the contract. A distribution agreement is a contract between the distributor and the dealer for the distribution and marketing of the goods. Distribütör distributes and markets the retrieved goods in a region. Again, as I have just mentioned, the contract must be well-drafted in terms of the mutual protection of rights and the content of the contract. You have touched upon a very important issue. A brand that has been established in our country should definitely have a plan in terms of going abroad and becoming an international brand. While doing this, the company should be aware of the law of the country it intends to represent and the laws and rules in force in that country. Otherwise, it is possible to encounter unexpected problems after the business is established and a certain progress is made. The way to minimize the problems is to get a good consultancy. In other words, a company that intends to give franchise, master franchise and distribütörlük abroad should definitely receive consultancy services from consultants who know the law and functioning of that country well. Otherwise, it is very likely to encounter problems as I have just mentioned. Creating a brand and making agreements such as franchise, master franchise, distributorship, etc. are of great legal importance. Especially, the agreements must be meticulously and in detail examined and prepared. At this point, it is very important to get help from lawyers and consultants who know this business. In order to avoid problems in the future both in terms of domestic and international law, companies should be very careful in this regard. For more information:
This is possible with the registration of your trademark. In other words, after you sign a ürünü üret and put your signature on it, when you register that signature with the trademark registration, it is no longer possible for another person to use that trademark in that form. If this is not the case, the law steps in and protects all your rights under your trademark. 
What is the legal sanction for imitation and infringement of a trademark?
On the other hand, the trademark owner may seek compensation from the infringer for the damages he claims to have suffered due to the infringement of his rights.
According to your experience, do you see any violations in this field in Turkey?
Can you evaluate the franchise phenomenon in the context of brand formation?
What should be considered from a legal perspective in franchise agreements?
Could you evaluate the distribution agreement in this context?
What should be done and what should be paid attention to in terms of expanding a brand established in our country abroad, making franchise and master franchise agreements abroad
Abdullah Bey, is there anything you would like to add at the end ?
Abdullah Bey, thank you for your important and useful information.
I thank you.
Abdullah C. Aygün
AKA Legal Partners
[email protected]
0(216) 474 53 28