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National and International Legal Warning Regarding GIMDES and Trademark Violations

Dr. Hüseyin Kâmi BÜYÜKÖZER

GIMDES (Association for the Inspection and Certification of Food and Supplies) is a leading non-governmental organization founded in 2005 and has initiated the halal and tayyib certification process since 2009.

Our organization conducts certification processes based on compliance with halal and tayyib standards. However, from time to time, certain individuals or groups have opened unauthorized websites, mobile applications, or social media accounts under the guise of support; these attempts have caused more harm than good to GIMDES. Such actions are considered trademark infringement, unfair competition, and consumer misleading, and are subject to both national and international sanctions.

Legal Regulations in Türkiye

• Industrial Property Law No. 6769 (IPL)

• Law No. 5846 on Intellectual and Artistic Works

• Turkish Penal Code No. 5237 (TCK)

• Consumer Protection Law No. 6502

European Union (GDPR and Trademark Protection)

• GDPR (2016/679) – Processing of personal data, explicit consent, and serious administrative sanctions

• EU Trademark Law – Trademark protection by the EU Intellectual Property Office (EUIPO)

United States (US)

• Lanham Act (15 U.S.C. §§ 1051 et seq.) – Trademark infringement and unfair competition

• Federal Trade Commission Act (FTC Act) – Sanctions against consumer-deceptive practices

• High compensation and court decisions may be imposed.

Arab Countries and the Middle East

• Gulf Cooperation Council (GCC) Trademark Law – Trademark protection in the Gulf countries

• Saudi Arabian Intellectual Property Authority (SAIP)

• UAE Federal Trademark Law

• Trademark infringement is subject to severe fines and account closure.

Asian Countries

• China – Trademark Law of the People’s Republic of China

• India – Trade Marks Act, 1999

• Malaysia & Indonesia – Halal certification and trademark protection laws

o In Malaysia, JAKIM and in Indonesia, BPJPH institutions protect halal certifications.

Japan

• Trademark Act of Japan (商標法 – Shōhyō-hō) – Enforced by the Japan Patent Office (JPO).

• Unfair Competition Prevention Act – False or misleading trademark use is prohibited.

• Violations can result in fines and imprisonment.

Canada

• Trademarks Act (R.S.C., 1985, c. T-13) – Enforced by the Canadian Intellectual Property Office (CIPO).

• Competition Act – Prohibits misleading advertising and fraudulent certifications.

• PIPEDA (Personal Information Protection and Electronic Documents Act) – A data protection law similar to the GDPR. Unauthorized processing of personal data carries serious penalties.

Conclusion and Warning

The GIMDES name and logo may not be used without permission. Such violations are considered trademark infringement, consumer misleading, and unlawful not only in Türkiye but also in the European Union, the United States, Arab countries, Asia, Japan, and Canada. As GIMDES, we meticulously pursue the necessary legal processes against individuals and organizations that mislead the public and misuse our brand, both nationally and internationally.