The Use Of Additions In Trade Names

The name that is used by merchants in their commercial transactions is called “trade name”. The Turkish Commercial Code (TCC) requires the use of trade names and grants merchants partial freedom in forming their trade names. Accordingly, merchants are subject to two main limitations in that they must use the mandatory statutory expressions in their trade names in all cases and must refrain from using expressions that are either prohibited to use or cannot be used without prior permission of a certain authority. Although the use of additions in trade names is essentially at the discretion of merchants, the TCC envisages a legal framework on how additions may and may not be formed. In this respect, additions may define the features of the undertaking or describe the identity of the persons shown in trade names or simply be a fantasy name. On the other hand, additions shall not be contrary to reality or to the public order, nor shall they be misleading on the part of third parties. This article analyses the legal framework in the TCC and relevant secondary legislation on the use of additions in trade names