Avrupa Birliği Genel Mahkemesi’nde (“Mahkeme”) görülen bir davada 12 Aralık 2019 tarihinde verilen T683/18 sayılı kararda “Cannabis Store Amsterdam” ibaresini içeren marka başvurusu kamu düzenine aykırı bulunarak reddedilmiştir.
Mahkeme’de görülen davanın konusu özetle şöyledir; İtalya’da mukim Santa Conte isimli bir kadın, 19 Aralık 2016 tarihinde Avrupa Birliği’nde tescil edilmek üzere “Cannabis Store Amsterdam” ibareli ve görselini gördüğünüz marka için Avrupa Birliği ...»
In its judgement of 12 September 2019, the European Union Court of Justice (“CJEU”) held that the applicant was acting in bad faith when he filed the application for the trademark taking the earlier business relationship between the applicant and the opponent and ruled how the conditions sought for bad faith should be examined.
In the judgment C-104/18 P, which was handed down by the CJEU on 12.09.2019, it was declared which criteria should be taken into consideration for t...»
The Intellectual Property Code No 6769 introduced the “unauthorised use of an IP right” as a relative ground for refusal of a design application under Article 67/2
The Patent and Trademark Oﬃce recently rejected a design on the ground that it constituted an unauthorised use of Versace’s ﬁgurative marks
The decision serves as a good example of the implementation of Article 67/2
The Turkish Patent and Trademark Oﬃce has recently rejected a design application that included an ...»
Both the Industrial Property Code No. 6769 (“the IPC”) and the Regulation on the Implementation of the IPC (“the Regulation”) were published and entered into force in 2017, uniting all IP rights in one Code which were priorly regulated by different decree-laws.
Article 25/7 of the IPC regulates invalidation actions and Article 29/2 regulates infringement actions regarding trademarks. Both articles refer in their last paragraphs to Article 19 foreseeing the procedures for the ...»
The Intellectual Property Academy was founded by presidential decree in July 2018
The Regulation on the Intellectual Property Academy was published in the Offi cial Gazette on 14 November 2019 and entered into force on the same day
Among other things, the regulation sets out the working procedures and principles of the academy, as well as its educational, consultancy, research and coordination activities
In the past years, several concrete and important steps have been take...»
WIPO has received a communication from Turkey withdrawing its declaration under Article 14(5) of the Madrid Protocol
As of 18 October 2019, Turkey can be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999
It is believed that this development may result only in a slight increase in the number of designations under the Madrid Protocol
Turkey joined the Madrid Protocol on 1 January 1999. Since then, it has been poss...»
Turkish Patent and Trademark Office (“the Office”) published The New Trademark Examination Guideline (“Guideline”) on September 30, 2019. The guideline defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of Industrial Property Code (“the IP Code”) that came into force in 2017.
The Guideline aims to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that a...»
The Trademark and Patent Offi ce refused to register Škoda Auto AS’ mark SUEDIA for automobiles on absolute grounds
The Re-examination and Evaluation Board found that, although the term ‘Suedia’ means ‘Sweden’ in Romanian, such meaning would not be readily perceived by the average Turkish consumer
This decision adopts a broader interpretation of distinctiveness for marks that include a geographical name in a language that is not widely known to the relevant public
A recent ...»
The Re-examination and Evaluation Board of TURKPATENT has acknowledged that EBAY should be recorded as a well-known trademark in Turkey
The board took into account the status of the mark around the world and in Turkey, with a focus on the realities of the Turkish marketplace
It is important to appeal unfavourable first-instance decisions to take advantage of the REEB examiners’ experience and broad understanding of trademarks
Well-known status provides extensive ...»
Uğur Aktekin and Mutlu Yıldırım Köse has contributed to the Turkey chapter of International Design Protection book which is published by Globe Law and Business Ltd in March 2017.
Designs have underpinned much of the technological and industrial innovation of recent years. They have become increasingly valuable within the portfolio of intellectual property rights. Indeed, given the extent to which economic growth is driven by these advancements and the ever-increas...»
With its decision dated 31.01.2019, General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non – use.
In the lawsuit filed before Istanbul (Closed) 4th Intellectual and Industrial Rights Civil Court in 2012, the defendant’s trademark was requested to be revoked p...»
On 30 September 2019, the Turkish Patent and Trademark Office published The New Trademark Examination Guideline that defines the criteria regarding the examination of trade mark applications on absolute grounds within the scope of the Industrial Property Code that came into force in 2017.
The main purpose of the Guideline is to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that are explained in the IP Code ...»