With the development of digital advertising, infringements of trademark rights are no longer limited to visible forms of use such as product packaging, signs, catalogues, or website content. The possibility of using competitors’ trademarks as keywords, redirecting codes, search terms, or similar advertising parameters within the Google Ads system, which directs consumers’ access to certain brands and products/services in Google searches, gives rise to disputes lying at the…
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The year 2025 did not mark a fundamental transformation in the protection of intellectual property rights in Türkiye; however, it may be described as a period during which practice became more predictable in certain areas. It would be fair to say that judges appointed in recent years have gradually become more adapted to the dynamics of intellectual property law, and this has contributed to a more predictable approach in terms of the reasoning of decisions and the management…
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This year’s World Intellectual Property Day theme, “IP and Sports: Ready, Set, Innovate!”, highlights how intellectual property rights shape not only technological innovation in sports, but also branding/fan engagement, and the growing economic value of athletes as creators and entrepreneurs. Within this evolving ecosystem, the intersection between sports and popular culture raises important legal questions regarding the protection and use of creative elements.
One of the…
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Music is a universal form of expression that transcends cultures, languages, and generations. From ancient times to today’s digital platforms, music has always served as a powerful carrier of emotions, thoughts, and collective memory. The creation of this powerful form of expression involves the creative efforts of many individuals—ranging from lyricists and composers to performers and sound engineers—and this effort is recognized and protected by means of copyrights.
In…
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In a follow-up to their post on the Class 46 blog about the 81st ICANN meeting, Mutlu Yıldırım Köse and Baran Güney explore domain name disputes and online enforcement in Türkiye.
The Role of TRABIS
TRABIS (the .tr Network Information System), established by the Turkish Information and Communication Technologies Authority (BTK), became operational on 14 September 2022 and undertook the management of .tr domain names.
Upon the introduction of TRABIS, the first-come…
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The 81st ICANN meeting (ICANN 81) was held in Istanbul, Türkiye, in November 2024, offering a significant platform for global discussions on internet governance, domain names, and online policy. The 81st ICANN meeting underscored the importance of evolving global internet governance, particularly through advancements in the New gTLD Program and initiatives like the Registration Data Request Service (RDRS). While these developments highlight strides toward inclusivity and…
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It is observed that the supervisory power of the Re-examination and Evaluation Board (“Higher Board”), which is in charge of examining and finalizing appeals against the decisions taken by the Turkish Patent and Trademark Office (the “Office”) regarding the registration of IP rights, is in the form of a review of expediency. This issue is regulated in paragraph 4 of Article 6 of the Regulation on the Turkish Patent and Trademark Office Board of the Re-examination and…
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Patents
Requirements to Obtain a Patent
1. Provide a brief definition of a patent, the key legal requirements to obtain it and the law that applies.
Conditions for a Patent
A patent is an industrial property right that gives the patent owner the right to prevent third parties from certain activities such as producing, using, selling, or importing the product or process that is the subject of the invention for a 20-year period.
The applicant must prove the following to obtain…
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IP Assignment
Assignment Basis and Formalities
1. On what basis can the main IPRs be assigned? What formalities apply?
Patents
Basis for patent assignment. Under the Intellectual Property Law No. 6769 (IP Law), a patent can be assigned in whole. A patent cannot be assigned in part.
Formalities for patent assignment. Under the IP Law, a patent assignment must be in writing and signed by both parties and notarised before a notary public.
Registration of a patent assignment with…
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Güldeniz Doğan Alkan and Dilan Sıla Kayalıca of Gün + Partners consider the Turkish Court of Cassation’s two recent decisions, underlining the significance of “vested rights” in the Turkish trademark law.
The concept of “vested rights” is notable in the Turkish trademark law, as it serves as a strong defense against potential refusal of a later mark because of the likelihood of confusion it may create against an earlier one.
In its two recent decisions related to the court…
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The Turkish Patent and Trademark Office (PTO) has a broad approach and well-established praxis regarding the protection of copyright holders’ rights on fictional works when characters, titles, and associated signs are used in third-party trademark applications. In its recent decision issued in April, the PTO accepted Paramount Pictures’ opposition filed against the trademark application “Don Carpetto”, as shown below, and rejected the registration of the contested application…
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In its decision dated 13 February 2024 (No 2022/4962 E (Merits), No 2024/1005 K (Decision)), the 11th Civil Chamber of the Court of Cassation has upheld a Regional Court of Appeal decision confirming a ruling of the Court of First Instance that rejected the plaintiff’s vested rights claims.
Background
On 11 January 2018 an application was filed for registration of the trademark MONTENT in Classes 35, 38 and 41 by the applicant, who also owned a prior registration for MONTENT…
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