Evaluation Of Loss of Rights by Keeping Silent on the Trade Title in terms of the Publicity and Positive Effect of the Trade Registry

Abstract

A legal balance should be maintained between the party who lost the right through silence and the party that caused the violation. The provision of article 36/3 of the TCC is related to the fact that the person who has lost her right should be aware of the announcement that has started to have consequences against her. Pursuant to this presumption, since the previous right holder is obliged to know the declared trade names that have started to have judgment against. The party violating the right must show the same care expected from him. Because the party causing the violation of rights does not have the freedom to abuse their right. The principle of publicity of the trade registry must find an area of application for the party causing the infringement. The positive effect of the registry has been strengthened by keeping electronic registry records. It should be discussed whether the next right holder will be in good faith to use or register the same or indistinguishably similar trade name belonging to someone else.