Shape Mark Registration Decision May be Start of New Trend
In what may turn out to be a landmark decision, the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) has overturned a first instance decision and has allowed the registration of a three-dimensional device mark in the shape of an open book (Case 2006/05170, May 23 2007). Previously, the TPI has been very reluctant to allow the registration of three-dimensional marks. Société des Produits Nestlé SA (Nestlé) applied for the registration of the mark for… »
Court Rejects Patent Institute’s Ferrero Rocher Appeal
The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute against a decision of the Ankara IP Court to allow the registration of a three-dimensional shape for chocolate packaging (Case 2007/1444 E, 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its Ferrero Rocher chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The institute’s Trademarks Department Directorate… »
Patent Institute can’t Spoil FERRERO ROCHER 3D Application
The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute (TPI) against a decision of the Ankara IP Court to allow the registration of the three-dimensional shape for chocolate packaging (Case 2007/1444 E. 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The TPI Trademarks Department Directorate… »
EFES for Beer not Confusing with EFE for Raki
The Turkish Court of Appeal has upheld a decision of the IP Court in Ankara which rejected an opposition to the registration of the mark EFE for raki by Elda Enerji Hizmetleri San ve Tic AŞ, the first private company authorized to produce raki by the Turkish Tobacco Products and Alcoholic Beverages Market Regulatory Authority (Case 2006/7083-9027, September 21 2006). The opposition action had been brought by Anadolu Efes Biracılık ve Malt San AŞ (Anadolu Efes) upon the… »
GUCCI Opposition Fights off GUJI Application After Appeal
The Turkish Court of Appeals has upheld a decision of the specialized IP First Instance Court of Ankara, which annulled the Turkish Patent Institute’s (TPI) decision to refuse Guccio Gucci SpA’s (Gucci) opposition against an application to register the mark GUJI (Case 2006/12097 E-2007/848 K, January 25 2007). Gucci holds a number of GUCCI marks registered in Turkey since July 16 1982 for goods and service in Classes 3, 6, 18, 25, 34 and 35 of the Nice Classification. The TPI… »
Bad-faith MAINETTI Registration Hung out to
In a landmark decision, the Re-examination and Evaluation Board (the administrative appeal board) of the Turkish Patent Institute (TPI) has upheld an opposition to the registration of the trademark MAINETTI in the name of a local company (Case 2006-M-598, May 4 2006). Local company Hidropres Aski Sanayi Ticaret Limited Sirketi (Hidropres) applied to register the trademark MAINETTI for all goods in Classes 20 and 21 of the Nice Classification, and for services in Class 35.… »
Supreme Court Affirms Extensive Protection for Well-known Marks
In a case published in March 2006 the Turkish Supreme Court confirmed that trademarks that are well known under Article 6bis of the Paris Convention for the Protection of Industrial Property are protected against confusingly similar third-party applications that cover different goods and services. The decision also confirmed that in the case of bad-faith applications, revocation actions are not subject to time limitation (Case 2005/11-476 E, 2005/483 K, September 21… »
Ferrari Secures Reverse in Opposition Case
The Turkish Patent Institute has overturned an earlier decision and has allowed Ferrari SpA’s opposition against the registration of a word and device mark featuring a rearing horse design (Case 2005-M-3427, August 17 2005). Turkish company Bisan Bisiklet Moped Otomotiv San ve Tic AS applied to register the mark, which is made up of the word BISAN inside a rectangle placed over a triangle bearing a rearing horse device, for goods in Class 12 of the Nice Classification and… »