The Industrial Property Code No. 6769 (“the IP Code”) which came into force on 10 January 2017 has been widely welcomed by brand owners as their rights have now been sealed through the introduction of this new Code.
The primary reason for the enactment of the new Code was the cancellation of various articles of the former Decree-laws on IP rights by the Constitutional Court on the grounds of Article 91 of the Constitution, which prohibits regulation of the property rights by…
»
Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41
Office and IP Court found that there was a likelihood of confusion
Court of Appeals reversed due to high level of attention of target consumers
In a recent decision, the Court of Appeals has ruled that the level of attention of the target consumers of a trademark plays a significant role in the assessment of the likelihood of confusion.
Background
On March 9 2012 Dutch company Spil Games applied to…
»
On October 25 2017 the Turkish Court of Appeal upheld a decision of the Civil IP Court in which the latter had assessed the similarity between two trademarks by taking into account generic words that would not normally be considered in the examination of the likelihood of confusion. The decision also deals with the hot topic of how, and under which conditions, an earlier trademark provides vested rights to its owner.
An application was filed for the registration of the mark…
»
Owner of A-101 marks opposed registration of A10.COM in Classes 9 and 41
Office and IP Court found that there was a likelihood of confusion
Court of Appeals reversed due to high level of attention of target consumers
Background
On March 9 2012 Dutch company Spil Games applied to register the trademark A10.COM in Classes 9 and 41 before the Turkish Patent and Trademark Office, to use for its online gaming portal targeting teenage boys. The application covered goods such as…
»
Owner of STICK and STIX marks opposed registration of figurative mark and design containing ‘sticks’
IP Courts found no likelihood of confusion and that ‘stick’ is descriptive
Court of Appeal disagreed in somewhat unusual decision
In two recent decisions (Merit No 2016/2525, Decision No 2017/4913, dated October 2 2017; and Merit No 2016/2484, Decision No 2017/4777, dated September 27 2017), the 11th Chamber of the Court of Appeal has dismissed decisions of the first…
»
Red Bull opposed registration of figurative mark IBEX based on figurative mark RED BULL
Board found that there was likelihood of association/confusion
Opposition was upheld for goods in Class 30 and Class 32
The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (TürkPatent) has found that the application for the figurative trademark IBEX was confusingly similar to the figurative trademark RED BULL and, therefore, could not be registered for…
»
Unlike many countries, Turkish trade mark law has had a rule since 1995 that a senior tradegistration or application identical or indistinguishably similar to a junior trade mark application can be raised as an absolute ground for refusal if the goods/services are also identical or of the same type. The Turkish Industrial Property Code (the IP Code), which entered into force on January 10 2017, softened this rule, and in cases where an applicant submits anotarised document to…
»
FICPI-Turkey held its first roundtable meeting on the possibility of protecting a validated European Patent in Turkey (after being limited or amended by the EPO during the opposition process) where the EP case is invalidated by the national court prior to the conclusion of the opposition.The Board of Directors of FICPI-Turkey chose the above subject as the topic for the opening roundtable meeting in order to canvas fair solutions to the problem, in line with the legislation…
»
The Istanbul IP Court recently rejected a crucial precautionary injunction demand of a patent owner on the grounds that the demand required a full trial due to the pending invalidation action against the patent.
The patent discloses the use of an active pharmaceutical ingredient for treating the conditions of a disease. In light of the drug’s summary of product characteristics, the literal infringement of the patent was inevitable and obvious. The main defence held that the…
»
New IP law abolished the provisions concerning the use requirement of patents and evidence on ailed in the Decree Law on the
Protection of Patent Rights. Instead, IP law now mentions the use requirement within the provision on compulsory licences, as a consequence of non-use of a patent.
Accordingly, a patent owner must use the patented invention. When assessing the use, market conditions and conditions under the control of the patent owner, as well as outside their control…
»
The Re-examination and Evaluation Board (the ‘Higher Board’) of the Turkish Patent and Trademark Office has found that, in addition to the similarity of the word elements in the trademarks under comparison, the presence of a device element similar to the opponent’s trademark as actually used increased the likelihood of confusion.
Facts
On November 28 2016 and November 30 2016 two individuals applied to register the signs depicted below, both in Class 41.
Following…
»
Since Turkey became a member of the European Patent Convention (EPC), the question of whether Turkish validation and enforcement of a European patent applies while proceedings before the European Patent Office (EPO) are pending has become a hot topic.
The owner of a European patent (EP) is normally concerned about how the pending opposition/appeal proceedings before the EPO will impact the enforceability or validity of the national patent in Turkey.
The strength of a patent…
»
