Key Developments and Predictions for Trademark Law in Turkey
The Industrial Property Code No. 6769 (“the IP Code”) which came into force on 10 January 2017 has been widely welcomed by brand owners as their rights have now been sealed through the introduction of this new Code. The primary reason for the enactment of the new Code was the cancellation of various articles of the former Decree-laws on IP rights by the Constitutional Court on the grounds of Article 91 of the Constitution, which prohibits regulation of the property rights by… »
The New Personal Data Protection Law in Turkey
This article gives an overview of the new Personal Data Protection Law that entered into force in Turkey in 2016, and the secondary legislation that was subsequently issued. It analyses the most important points under the new legislation and the many obligations that data controllers must now comply with when dealing with personal data. The article is part of the global guide to data protection and privacy. For a full list of jurisdictional Q&As… »
Commercial Cases Worth Less than TL100,000 now Subject to Simplified Procedure
Under Turkish law, there are two types of procedure in civil proceedings. Written procedure is the main and most common type, whereas the simple procedure, as the name suggests, is a simplified and expedited process. There are two rounds of written submission in written procedure (ie, pleading and response and rebuttal and rejoinder). However, in the simplified procedure, only pleading and response petitions can be filed by the parties. In principle, commercial cases are… »
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 In a recent decision, the Court of Appeals has ruled that the level of attention of the target consumers of a trademark plays a significant role in the assessment of the likelihood of confusion. Background On March 9 2012 Dutch company Spil Games applied to… »
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… »