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  • Küçük Resim
    Öğe
    Vekil markası
    (Türk-Alman Üniversitesi Sosyal Bilimler Enstitüsü, 2023) Asma, Esra
    In this thesis, the concept of registration of a trademark in the name of a commercial agent or representative without the consent or authorization of the trademark owner, which is called 'representative trademark', its scope, conditions, existing differences, and legal remedies that can be applied are examined in detail within the framework of relevant international conventions, the German law and Turkish law. In the first part of the study, the source of the subject matter of the agent trademark is examined within the scope of international conventions, and the conditions required for the application of the relevant provisions of the European Union Trademark Regulation are explained. In the second part, how the agent trademark is regulated in German Trademark Law, the scope and conditions of the provisions regarding the agency trademark, and how the relevant provisions will be applied are discussed in detail, and the differences with the regulations in international conventions are mentioned. In the third part, how the provisions on the agent trademark are regulated in Turkish law, how they differ from international regulations, and the issue of registration in bad faith are explained. In the fourth part, the issue of whether the agent or representative has the right to claim compensation when the legal relationship between the trademark owner and the agent or representative is terminated, which is frequently encountered in practice, is discussed