UGG Recognised as Well-Known Trademark
A Turkish court has held that UGG was a well-known trademark in Turkey within the context of a cancellation action.The plaintiff, a Turkish company importing boots from Australia, challenged the registration of the UGG mark, owned by Deckers Outdoor Corporation. The plaintiff claimed that the trademark should be cancelled on the grounds, among others, that it was generic. On two separate occasions during the proceedings, the plaintiff sought a preliminary injunction… »
The Scope Of Job Security Provisions In Turkish Law In The Light Of Precedents Of The Court Of Appeal
In Turkey, job security provisions were established by the Labor Act dated May 22, 2003 and numbered 4857, (the “Labor Act”). In Turkish law, provisions concerning job security were intended to limit the right of the employer to terminate open-ended employment contracts. The scope of job security and its limitations are detailed in Article 18 of the Labor Act. The employer is obliged to abide by specific procedures and must give a valid reason when terminating work contracts… »
Practical Information for Acquisition of Real Estate by Foreigners
INTRODUCTION It has recently been observed that there is a serious increase in the demand and acquisition of real estate by foreigners in Turkey. Naturally, as in every country, there are some restrictions and rules regarding the acquisition of real estate by foreigners. In addition, there are some administrative regulations and procedures for the use of these acquired properties. This work aims to be used as a guide in order to give general and practical information with… »
Using Exceptions to the Territoriality Principle in Turkish Trademark Law to Protect Foreign Trademarks Not Registered or Used in Turkey
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… »
Likelihood of Association Between Bull Device Mark and RED BULL Marks
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… »
Overview of IPR Policy, Legislation and Enforcement
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… »
IP Court Confirms Principle of ‘Trademark Series’
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… »
IP Court Confirms Principle of 'Trademark Series'
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… »
Patent Institute Decision Confirms Broad Protection of Well-known Marks
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… »
Turkey: Turkish Natural Gas Market: A Progressing Opportunity
Introduction Natural gas does not have a long history in Turkey. The initial demand for natural gas consumption was miniscuie, starting at 0,5 bcm in 1987, and increased dramatically in the following years with a growing share of natural gas use in the production of electricity in Turkey. During the first years of Turkey’s acquaintance with natural gas, Petroleum Pipeline Corporation (“BOTAS”), which is a state owned company, conducted ail of the activities in this newly… »
Turkey: Turkish Electricity Market: Steps Towards Liberalization
INTRODUCTION Since 2001, Turkey has been in the process of liberalizing its electricity market. The ultimate purpose of this process is to create a fully liberalized system where the state acts only as a supervisory and regulatory authority instead of an investor in the market. Having a state monopoly in the electricity market for a long period of time, Turkey has made and still has to make considerable effort to achieve this ultimate purpose. In this respect, the state has… »
Turkey: Protection of “Well Known” Trademarks Which are not Registered in Turkey Within the Context Of Article 7/1(1) of the Decree Law No. 556
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… »