In short
Damages in a trade-mark infringement are the money side of the trespass. A notice, an interim measure, and invalidity are not themselves this side. The question of how damages are spoken of in a trade-mark infringement does not produce an amount if the sale document and the register do not stand. If an amount and a percentage are not on the file, they are not added.
The steps of procedure serve to stop the infringement or to collect evidence. The calculation of harm needs separate proof. A sentence that "the mark was used, so much is asked for" is not a base on its own. The base is read from the document. If there is no document, there is no figure.
A procedural item is not harm
A formal notice is the writing by which the infringement was reported to the other party. Service of the notice can show the day the writing arrived. A notice that did not arrive is not read as if harm had arisen. A decision on an interim measure can relate to the sale stopping. The decision is not the amount of the damages. Invalidity speaks of the fate of the registration. Treating the registration as invalid does not itself fill the head of harm. The three requests can join in the same petition. Their results are still separate.
The petition should show which sign was used on which good. If it does not show it, it is not completed by choosing a sign. The register shows the right holder. The class list on the register is compared with the list of the good that was infringed. Use outside the list is not written as the good on the list. The title of the other party does not stand in for the right holder on the register. If the two names are mixed, both are stated.
A set of proof does not produce an amount
Sales records, an invoice, stock, advertising, and a licence contract can be spoken of. Each is a separate document. The invoice shows the price. The price is not itself the damages. The price in the licence contract is not written by rote as the infringer's gain. If there is no price in the contract, a price is not invented. A stock list does not stand in for the list of goods that were sold. If the two conflict, both stand.
Concrete harm and the benefit the infringer obtained are two separate frames. Which one is chosen is read from the document on the file. If the document does not show one, the other is not completed as if it existed. A percentage, a multiple, or a lump-sum amount is not in this note. A rate that is not written on the file is not added. If there is an expert report, the report is not filled from here as a new source of a percentage. The number in the report is in the report. If there is no report, there is no number. If the court decision wrote the amount, the amount is in the decision. If it did not write it, the amount is not announced.
Customs and other infringements are separate
Detention at customs relates to the goods being held. The minutes of the detention do not stand in for the petition for damages. The quantity in the minutes is not converted as a damages figure. Conversion needs a sale document. If there is no document, the quantity does not become an amount. An infringement of a design, or an infringement of a patent, is not the same calculation mould as a trade-mark infringement. Each right is read from its own register and from its own document. The invoice of one is not carried as the harm of the other.
The period the infringement continued is read from the dates of the invoices. If there is no date, a period is not invented. The medium in which the advertisement was published is not itself the sale. The document of the medium and the sale document stand apart. If both are missing, they are not written as if both existed. Harm is not built before this distinction is made.
If the register number of the sign that was infringed is written in the petition of the action, it is read from there. If it is not written, the number is not completed from here. The sign the other party used is placed side by side with the specimen on the register. If there is no specimen, the degree of similarity is not announced. Similarity does not stand in for the amount. The place where the sale was made may not be the same as the address on the invoice and the medium of the advertisement. Both places stand on the file. One is not erased as the harm of the other. A place name does not produce a percentage or an amount. Producing one needs a document. If there is no document, there is no head either.
A Çankaya address does not choose the court
A lawyer in Ankara does not write the office's Çankaya address in place of the court. The competent authority is read from the action's own record. A percentage is not added so that the amount itself passes. The district of the office does not change the authority of the trade-mark action. A district name does not stand in for the price on the invoice.
How the harm is read from the document
An amount and a percentage that are not written on the file are not added. A notice is not counted as itself the damages.
Conclusion
The answer to how damages are spoken of in a trade-mark infringement is the head of harm on the document. An amount and a percentage are not written. The procedure to follow in an infringement sits under the step of infringement, invalidity under the action for invalidity, the customs side under customs protection, and an infringement of a design under design. The frame sits on the intellectual property page. The basis is in the text of the Industrial Property Code No. 6769.