“BUSTESİN”
摘要
In light of the protection of trade marks by the provisions of the Industrial Property Law No. 6769, which is a special law for trade marks, and the regulation in Art. 55(1)(a)(4) of the Commercial Code, the previous judicial practice of this Court of providing cumulative protection of a trade mark under unfair competition provisions alongside trade mark law provisions cannot be maintained. The use of a trade mark similar to another registered trade mark for goods covered within the scope of the trade mark’s registration cannot be considered to constitute unfair competition pursuant to Art. 55(1)(a)(4) of the Commercial Code.