General Assembly of the Civil Chambers of the Court of Appeals decision, 27 March 2013, Merit No 2013/11-209, Decision No 2013/399
The Turkish Court of Appeals (CoA), upholding a ruling of the Ankara IP court (Ankara 2nd Civil Court of Intellectual and Industrial Property Rights, decision of 24 February 2011; Merit No 2011/15; Decision No 2011/51), recently ruled that if it is determined by an IP court that the defendant filed an application in bad faith to obtain a…
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It has almost become tautological to state that Turkey’s geographical location makes the country not only a natural trade route, but also a thriving hub for the dissemination of counterfeit products around the globe.
Turkey’s economy has enjoyed seismic growth over the past decade, and so has its counterfeit sector. However, in recent years have there have been stringent efforts to counteract the expansion and reduce the trade of counterfeit products in Turkey.
To both…
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The Turkish Patent Institute (TPI) has improved its online system to ensure that users are able to file, track and oppose applications in just a few clicks. It has recently announced – on its website and in seminars organised in Ankara and Istanbul – details of further steps to implement a system that is both more efficient and in keeping with the demands of the contemporary technological society by January 2013.
The current website has a user-friendly interface divided into…
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The Turkish Patent Institute (TPI) has taken steps towards a totally paperless system with its updated online system, enabling users to file, track and oppose applications in just a few clicks.
This makeover, where notifications are also to be communicated electronically, ensures that applications are processed by up to half the amount of time, with the TPI expressing that it aims to review trademark applications within a six-month period, as opposed to the current…
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The Turkish Patent Institute (TPI) hasprovided wider protection for a well knowntrade mark against an application filed for dissimilar goods, considering that the application may be to the detriment of the distinctiveness of the well known trade mark.
The applicant, Cevdet Akif Usta, applied to register its trade mark (illustrated, right) before the TPI for goods in class 20; this application was published in the Official Trade mark Bulletin on December 12, 2011.
Guccio Gucci…
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Under the new legislation, the names, brands and other distinctive elements of alcoholic beverages cannot be used on non-alcoholic and similar products. Similarly, the names, brands and other distinctive elements of non-alcoholic and similar products cannot be used on alcoholic beverages. This rule shall not apply to products that are intended for exportation.
The relevant regulations will be issued by the Regulatory Council for Tobacco and Alcohol Markets within two months…
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Creating and maintaining a reputabie and trusted brand has become increasingly important for all law firms. Trademarks and copyrights are the most important IP rights for law firms and should be given a high level of attention by senior management. Trademarks form the legal basis for protecting a law firm’s brand, while copyrights form the legal basis for protecting its knowledge. In order to have a successful and sustainable business, both the firm’s brand and knowledge need…
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The Court of Appeal has established and clarified the differences in scope and implementation between Article 7/1(b) and Article 8/1(b) of the Turkish Decree Law 556 pertaining to the Protection of Trademarks (Decision 2010/10214E). Article 7/1(b) provides that the Turkish Patent Institute (TPI) can reject ex officio trademark applications that are identical, or indistinguishably similar, to earlier trademarks or trademark applications. In contrast, Article 8/1(b) provides…
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On December 3 2012 the 11th Civil Chamber of the Court of Appeal upheld a decision of the Ankara Second IP Court in which the latter had determined that the trademark W-KING was confusingly similar to the trademarks W (and device), W RETREAT & SPA, W HOTELS and W HOTELS (and device) in Classes 37 and 43 of the Nice Classification. The IP Court found that adding a word element to the distinctive part of a mark is insufficient to create distinctiveness and eliminate the…
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In a recent decision involving Red Bull GmbH’s bull device, the Turkish Patent Institute (TPI) has interpreted the likelihood of confusion between two device marks in a wide sense.
In March 2011 a trademark application was filed for a bull device in the name of an individual for “clothing, footwear and headgear” in Class 25 of the Nice Classification.
Red Bull filed an opposition against the application on the grounds that it was confusingly similar to:
its RED BULL and…
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Internationally acclaimed Galatasaray Football Club’s licensee filed an action against a paint manufacturer company by relying on the unfair competition created through the marketing of face-paints in the yellow-red colour combination.
The licensee company argued in the first instance that the exclusive license obtained from the Club provided the company the exclusive right to market goods/services with the yellow-red colour combination and defendant’s face paint products in…
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In decision 2010/11-695E, 2011/47K of February 9, 2011, the General Assembly of Civil Chambers of the Court of Appeals established a limit to the wide scope of protection for well-known trademarks, holding that pursuant to Articles 14 and 42 of the Decree-Law on the Protection of Trademarks (No. 556, June 27, 1995), the registration for a well-known trademark can be partially cancelled on the ground of non-use.
The Court of Appeals discussed the issue of the strength of a…
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