ERDEM-NEWSLETTER-2018-metin

324 NEWSLETTER 2018 case in order to prohibit the usage of the symbol, request the removal of financial situation, and the disposal of the equipment and goods are being used to create the confusion. Meanwhile, the rightholders may request to take preliminary precautions, such as protecting the current situation, preventing further occurrences of confusion, and correcting the incorrect or confusing declarations. If a fault of the owner of the symbol that is subject to confusion exists, then compensation of the damages may be demanded, as well as moral compensation, if the con- ditions set forth in Article 58 of the Turkish Law on Obligations exist. Finally, upon the complaint of the persons who have right to ini- tiate an action of unfair competition, persons who have caused the likelihood of confusion will be subject to a fine of imprisonment, or judicial fine of up to 2 years. If the crime is committed through the performance of a legal entity, the fines will be imposed on the person who is in charge, the members of the competent organ, or the share- holders of the legal entity, and safety measures will be applied. Conclusion The registry or the usage of the symbols that are identical or similar to the trademarks which are deemed as the meeting point of the companies with the consumers, and which are the vehicles that provide the preferability of the consumers, will not be accepted. How- ever, the protection sphere of the earlier registered trademark against the similarities in the symbols requires a detailed evaluation. Within this scope, all of the solid cases should be evaluated in accordance with the criteria explained, above, in order to determine the likelihood of confusion and, afterwards, the remedies to prevent or remove the infringements should apply.