SARAY POPPY Decision: a New Approach to Likelihood of Confusion and Vested Rights?
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… »
Court of Appeals: Target Consumers' Level of Attention Rules Out Likelihood of Confusion
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… »
New Regulation Regarding the Food Advertisements
Pursuant to the Regulation published in the Official Gazette dated March 27, 2018 and numbered 30373 “Regulation on Procedures and Principles of Broadcasting Service” was amended. With the relevant amendment it has been clarified how the provision, “Commercial communications of foods and beverages, containing nutrients and substances excessive consumption of which is not recommended in general nutrition diets shall not accompany the children programs at the beginning/end or… »
RTUK’s Supervising and Monitoring Authority Extended to Internet Broadcasts
The Law on Amendment to Tax Laws, Some Laws and Decree-Laws (“Law”) which brings amendments to RTUK Law no. 6112 was approved by the President, was published in the Official Gazette numbered 30373bis on March 27, 2018. Highlights of the amendment to the RTUK Law Media service providers which make online broadcasting and platform operators which transmit these broadcasts via the internet are required obtain license from RTUK. Online broadcasting activities will be subject to… »
Choosing the ‘Right’ Arbitration Institution—Guidance for Businesses on Costs
Arbitration analysis: Pelin Baysal and Bilge Kağan Çevik of Turkish law firm Gün + Partners discuss the relevance of costs when concluding an arbitration agreement where the parties have settled on institutional rather than ad hoc arbitration. Pre-nups and arbitration agreements A metaphor used by Prof Dr. Loukas Mistelis suggested that arbitration agreements may be likened to prenuptial agreements made at the start of a relationship, with a possible exit strategy in case… »
Preliminary Injunction Procedure
Introduction The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if: serious damage might occur to the applicant because of a delay; or it would be impossible or difficult to obtain rights due to changes in the current situation. In its April 27 2012 decision (E. 2012/5543, K. 2014/4817), the First Civil Chamber of the Court of Cassation defined a ‘preliminary… »
Court of Appeal: ‘Stick’ and ‘Stix’ are Distinctive for Class 30 Goods
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… »
Victory for Red Bull: IBEX Figurative Mark Rejected on Appeal
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… »
Letters of Consent Under the Turkish Industrial Property Code
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… »
Overview of the Law on Amendments to the Enforcement and Bankruptcy Law and Other Laws
The Law on Amendments to the Enforcement and Bankruptcy Law and Other Laws, which was published in the Official Gazette no. 30361 and entered into force on March 15, 2018 (“the Amendment Law”), amends particularly Enforcement and Bankruptcy Law and other laws such as Law on Collection Procedure of Public Receivables, Law on Notifications, Law on Fees, Law on Cooperatives, International Arbitration Law, Law on the Establishment, Duties and Jurisdiction of First Instance… »
Reform Introduces Requirement to Mediate Before an Employment Claim
New legislation came into force in January 2018 that will require employees to submit to mediation before commencing most employment-related claims. The Labor Courts Act No. 7036 (Act) aims to ease the judiciary’s workload and accelerate the judicial process in employment cases. The most significant changes include the following: Mandatory mediation is introduced for both employers and employees prior to initiating lawsuits. There is a new obligation on courts to provide… »
Life Sciences Newsletter, March 2018
Advertising ban on contact lenses Dicle Doğan and Nehir Aydeniz, Gün+Partners The Turkish Medicines and Medical Devices Agency has announced that contact lenses are considered to be medical devices that cannot be advertised to the public. The Regulation on the Sales, Advertisement, and Promotion of Medical Devices dated 15 May 2014 states that advertising a medical device to the public is prohibited if that medical device has to be exclusively used or applied by a healthcare… »