Court of Appeals 11.HD. Decision 2000/7300 E. 2000/9419 K. dated 28.11.2000

"... proprietary trademark and industrial design owner may use the trademark and design unless such registration is nullified. The case was opened on 5.6.1998. On the other hand, the defendant registered the industrial design of the package "Protel" on 15.1.1997 and the commodity mark of the same name on 24.4.1998. In the present case, since these registrations are not requested to be canceled, the defendant has the right to use the "Protel" brand in their products and to market them with the packaging in accordance with the registered design. In this respect, it is not true that the act of this type of action is considered to be an act of infringement and unfair action against the trademark of the plaintiff, since the use of the defendant's valid trademark and design does not constitute unfair competition. "

has changed with the Industrial Property Law No. 6759:

 The proprietor of a trademark, patent or design right shall not use this right against prior right holder.