The Ankara Second IP Court has confirmed the principle that, in order to benefit from the principle of ‘trademark series’, not only must the trademark owner own a prior trademark, but the new application must not violate the trademark of a third party and/or create a likelihood of confusion with another trademark (Case 2010/102E – 2011/8K, January 13 2011).
The principle of ‘trademark series’ was recently established by the Court of Appeal: according to this principle, the…
»
The Ankara Second IP Court has confirmed the principle that, in order to benefit from the principle of 'trademark series', not only must the trademark owner own a prior trademark, but the new application must not violate the trademark of a third party and/or create a likelihood of confusion with another trademark (Case 2010/102E - 2011/8K, January 13 2011).
The principle of 'trademark series' was recently established by the Court of Appeal: according to this principle, the…
»
n Red Bull GmbH v Mavi Dunya Gida Dag Paz Tic Ltd Sti (December 12 2010), the Re-examination and Evaluation Board of the Turkish Patent Institute has held that there was a likelihood of confusion between the trademarks BULLDOZER ENERGY DRINK and RED BULL among the Turkish public.
On February 16 2009 Mavi Dunya Gida Dag Paz Tic Ltd Sti, a company established in Turkey, filed an application to register the following figurative trademark in Class 32 of the Nice…
»
The widely accepted principle in respect to the legal status of Trademark Rights is the “territoriality principle” as is also the case for other intellectual Property Rights. The territoriality principle is also in effect under Turkish Trademark Law and it is regulated under the Decree Law Pertaining to the Protection of Trademarks numbered 556 (“Decree Law No. 556″). Accordingly, with Article 6 of the Decree Law No. 556 which states that “Protection for a trademark under…
»
Law 5833, which amends Decree Law 556 on the Protection of Trademarks, entered into force on January 28 2009 upon its publication in the Official Gazette. The new law amends Articles 9 and 61 of the Decree Law.
The new law aims to fill the gaps created by the January 5 2008 decision of the Constitutional Court, which annulled certain provisions of the Decree Law and came into force on January 5 2009. Trademark owners have claimed that the delay in enacting the amendments have…
»
Law 5911, which amended the Customs Law 4458, entered into force on October 7 2009. On the same day, the Customs Regulation was published in the Official Gazette. These pieces of legislation introduce major changes to the protection of IP rights at the borders.
Law 5911 allows rights holders to file a single (online) application for the protection of their IP rights by all Turkish customs administrations. Previously, rights holders had to file an application with each customs…
»
Trademarks are defined as signs distinguishing the goods and services of one undertaking from the goods and services of the same kind or another undertaking. In this sense, “distinguishing certain goods and services of an undertaking from other goods and services of the same undertaking or other similar goods and services provided by other undertakings” is considered as the main function of trademark.
On the other hand, in the usual flow of the business life, since the signs…
»
Turkey has closely followed international developments and has acceded to almost all IP-related international treaties, in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). which aims to harmonize the legal framework on anti-counlerfeiting and anti-piracy among World Trade Organization members.
Decision 1/95 of the EC-Turkey Association Council on implementing the final phase of the Customs Union and EU Directive 89/101. Turkey…
»
The Turkish Court of Appeals has upheld a decision of the Ankara First IP Court in which the latter had ordered the cancellation of the trademarks MOBIL FUTBOL and MOBIL VIZYON (Case 2007/7896 E ve 2009/2456 K, March 3 2009). The case arose from a court action lodged by ExxonMobil based on its MOBIL trademark.
The applicant, one of the leading mobile phone companies in Turkey, had applied to the Turkish Patent Institute for trademark protection of the phrases ‘mobil vizyon’…
»
We come across with hidden advertisements on various media in our daily lives, including but not limited to TV, cinema or newspapers. The légitima of “hidden advertising” has become one of the highly debated issues in Turkey.
Amongst the overall discussions and raised arguments, a common question comes into minds: What makes the hidden advertising like this popular and actual in the sector? First of all, it might be said that the advertising prohibition for certain products…
»
Many countries are becoming increasingly concerned about the issue of obesity, which by definition is:
“a condition in which the natural energy reserve, stored in the fatty tissue of humans and other mammals, is increased to a point where it is associated with certain health conditions or increased mortality.”(1)
Although obesity is an individual clinical condition, the fact that it has been observed as a serious and growing public health problem has pushed many countries to…
»
The Ankara Court of Intellectual and Industrial Property Rights has reversed a decision of the Turkish Patent Institute (TPI) in which the latter had refused to register the trademark BEST BUY on absolute grounds (Case 2007/227, Decree 2008/82, March 27 2008).
Best Buy Enterprise Services Inc, a US company engaged in the business of selling consumer electronics, applied for the registration of the trademark BEST BUY (and design) with the TPI for services in Class 35 of the…
»
