As a bridge between Europe and Asia, Turkey’s unique a geographic location has always been an attractive venue for IP infringers. It is not an exaggeration to say that almost all IP owners could recount at least one infringement experience in Turkey. It is also very common to hear complaints that the enforcement tools are not efficient enough to overcome the persistent activities of the dedicated, and in some cases very creative infringers in Turkey. While it may be true that…
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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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The new Law on Principles of Radio and Television Broadcasts (the “RTUK Law”) entered into force in March 03, 2011 in Turkey and has been issued in accordance with the European Convention on Transfrontier Television. Some important changes in terms of broadcasting principles as well as broadcasting licenses are brought with the new RTUK Law.
Namely, RTUK (the Supreme Council of Radio and Television) is now on the process of a new development affecting 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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The Court of Appeal has upheld a decision of a first instance court in which the latter had ruled that the application for GUECCA, which covered goods and services in Classes 18, 25 and 35 of the Nice Classification, was confusingly similar to the well-known GUCCI marks.
On October 17 2007 Mehmet Gedikli filed an application to register the mark GUECCA with the Turkish Patent Institute (TPI) in Classes 18, 25 and 35. Guccio Gucci Spa filed an opposition to the application on…
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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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The Turkish Patent Institute (TPI) has introduced an amendment to the Communiqué Concerning the Classification of Trademark Applications (BIK/TPE 2007/2). The new communiqué entered into force on October 19 2011 upon its publication in the Official Gazette.
Since 1999, the TPI had not accepted sector-specific identifications in Class 35. Even if the applicant limited the description of the services to a certain sector, the TPI changed the wording to “bringing together a…
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On September 28 2010 the Re-examination and Evaluation Board of the Turkish Patent Institute interpreted Article 7/1(b) of the Trademark Decree Law 556 in a narrow sense.
Diversey Inc (formerly known as JohnsonDiversey Inc), a leading global provider of cleaning and hygiene solutions, applied to the Patent Institute for the registration of the word mark DIVERSEY in Classes 1, 3, 5, 7, 21, 37 and 41 of the Nice Classification. The application was partially refused following an…
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I. INTRODUCTION
The impact of intellectual property rights, in particular trademarks, on the global economy is significant because rapidly developing information technologies have transformed the world into a borderless environment. Trademarks have spurred a growing trust in brand recognition and loyalty among consumers that has, in parallel, propelled the growth in trademark value and the ensuing need for stronger trademark protection among trademark owners. Following the…
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In a dispute involving the RED BULL mark, the Turkish Patent Institute (TPI) has provided guidance on how it will interpret the likelihood of association between a trademark application and an earlier trademark.
In December 2009 Kamal Khanbabaei General Trading Co LLC filed an application for the registration of the figurative trademark BULZAI ENERGY DRINK for “energy drinks” in Class 32 of the Nice Clasification:
Red Bull GmbH filed an opposition against the application…
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Policy
Turkey is fully aware of the fact that an effective IPR system is the fundamental of a productive welfare society and a vital factor in enhancing Turkey’s competitive powers in the international trade. With this objective awareness and effective protection of IP rights has become one of the substantial policies of Turkey.
IPR Legislations
Finalised in June 1995 with the coming into force of the various decree laws regulating IP rights Turkey aligned its domestic laws…
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