International Arbitration in Turkey
1) ARBITRATION AGREEMENTS1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your country?The legislation governing arbitration proceedings in Turkey, is the “Civil Procedure Act No. 1086″ for domestic arbitration and the “International Arbitration Act No. 4686″ for international arbitration proceedings.In order for an arbitration agreement to be valid:- It must be enacted relating to an arbitrable matter (disputes relating to rights in… »
Debate on Time Limits in Cancellation Actions Put to an End
The General Assembly of the Court of Appeals has put an end to the debate as to the interpretation of the expression ‘date of registration’ in Articles 14 and 42 of the Trademark Law 556 (Case 2007/11-974-2007/962, December 12 2007). Çenay Feyzioglu filed an action for the cancellation of Çetin Çakir’s trademark BIO COS (and design) or the removal of the design from the trademark based on the earlier registered trademark LOTUS (and design). Feyzioglu had also filed an action… »
Apple Seeks Recognition of IPOD as Well Known Following Landmark Decision
Following a decision by the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) in opposition proceedings, Apple Inc has filed an application for the official recordal of IPOD as a well-known mark in the official registry. The board had rejected Turkish company Tunc Tekstil’s application for the registration of the trademark IPOD for goods in Classes 25 and 35 of the Nice Classification on the grounds that the well-known status of Apple’s IPOD trademark… »
Landmark Decision on Time Limits in Trademark Cancellation Actions
In a landmark decision (Case 2006/367- 2007/257, November 9 2007), the Istanbul Civil IP Court of First Instance ruled on the issue of time limits in trademark cancellation actions. On May 23 2000 the defendant, a local company, registered the trademark ICE BOYS for goods in Class 25. In September 2005 Gilmar SpA filed an action for cancellation of the trademark on the grounds that it was confusingly similar to its earlier registered trademarks ICE and ICEBERG. The defendant… »
IP Enforcement Must Shape Up, According to EU Progress Report
The European Commission has published its Progress Report on Turkey’s preparations for accession to the European Union. The Progress Report covers the period from October 2006 to October 2007 and focuses on economic, political and social issues. Section 4 of the report deals with Turkey’s ability to assume the obligations of membership, as expressed in the EU Treaties, secondary legislation and EU policies. Chapter 7 of this section deals with IP law, and particularly… »
Change to Recordal of Well-known Marks Implemented
In light of a recent decision of the Court of Appeals, the Turkish Patent Institute (TPI) has changed its practice with regard to the categorization and recordal of well-known marks. Turkey is a party to the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights, both of which grant special protection to well-known marks. Turkey has also incorporated provisions on the protection of well-known marks… »
Court of Appeals Gives Unlimited Protection to Well-Known Trademarks
The Turkish Court of Appeals has recently upheld a decision of Istanbul’s second IP court involving the well-known trademark ROBERTO CAVALLI. In its decision of January 24 2006 (Cases 2004/650 E and 2006/7 K), the Istanbul Second IP Civil Court determined that the trademark ROBERTO CAVALLI, as well as being the name of a famous fashion designer, is a well-known trademark, and thus ordered the nullification of the trademark CAVALLI and other marks incorporating the word… »
Shape Mark Registration Decision May be Start of New Trend
In what may turn out to be a landmark decision, the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) has overturned a first instance decision and has allowed the registration of a three-dimensional device mark in the shape of an open book (Case 2006/05170, May 23 2007). Previously, the TPI has been very reluctant to allow the registration of three-dimensional marks. Société des Produits Nestlé SA (Nestlé) applied for the registration of the mark for… »
Hardline Stance Results in More Seizures of Counterfeits in Transit
The Court of Appeals has been rejecting defendants' claims that their goods were merely in transit or that national laws do not apply to products seized in the free trade zone. Instead, the court now treats transit counterfeiters like any other counterfeiters. The court first ruled against transit counterfeiters in 2004. In the most recent decision on this issue (Case 2005/5247 E, 2006/5336 K, May 8 2006), the court has supported its hardline approach by holding that since… »
Court Rejects Patent Institute’s Ferrero Rocher Appeal
The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute against a decision of the Ankara IP Court to allow the registration of a three-dimensional shape for chocolate packaging (Case 2007/1444 E, 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its Ferrero Rocher chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The institute’s Trademarks Department Directorate… »
Patent Institute Can't Spoil FERRERO ROCHER 3D Application
Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The TPI Trademarks Department Directorate rejected the application on the grounds that the packaging is descriptive of the goods in the application list and should be open for use by the public. On appeal, Ferrero contended that: the packaging is distinctive enough to be registered as a trademark, even for… »
Patent Institute can’t Spoil FERRERO ROCHER 3D Application
The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute (TPI) against a decision of the Ankara IP Court to allow the registration of the three-dimensional shape for chocolate packaging (Case 2007/1444 E. 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The TPI Trademarks Department Directorate… »