Sınai haklarda ayırt edici nitelik

Abstract

The distinctive property in the law of trade mark is both a function and an obligatory element. As a result of the trade mark's distin ctive function, the consumers may distinguish the goods and the services they wish to purchase from the goods and services of the other enterprises. So as a sign to be officially registered as a trade mark, primarily, this sign must be suitable for distinguishing the goods and the services of an enterprise from the othe r enterprise's goods and the services, that is to say, it must have an abstract distin ctive property. Moreover, the sign, which is requested to be officially registered for the specific goods and services, must have a concrete distinctive power fo r those goods and services. The signs that do not have a concrete distinctive power may gain by wa y of use a distinctiv e property. In our thesis study first, after the distinctive prope rty is examined generally, the concepts of abstract and concrete prope rty, and varieties of trad e mark, and the concepts regarding the distinctive property are disc ussed. After the concepts regarding the distinctive property are examined, the innovations, which are introduced by a Bill on Trade Marks Act, prepared by Turkish Patent Inst itute, accepted by TGNA EU Harmonization Commission, continued to be discussed in the sub-commission, are referred to the extent that they are as sociated with our thesis subject. Decree Law No: 554 concerning Prot ection of Industrial Design Rights, which took effect in 1995, introduced new conc epts and applications to our system of intellectual and industrial pr operty. Accordingly, in or der to protect a design judicially it must be new as well as distin ctive. Though the distinctive property being an important matter in the design law, as most of the consumers do not know this concept and as misperceptions concerning the concept are constituted, this is one of the areas, in which problems are encountered in the application the most frequently. Therefore, in the second part of our thes is study the distinctive property in design law has been discussed .