Turkey: Love and Marriage
Turkey’s commercial environment will see significant changes starting summer 2012. The two main legislative documents regulating any form of commercial and contractual affair, the New Code of Obligations (Turkish Code of Obligations numbered 6098 and dated January 11 2011) and the New Commercial Code (Turkish Commercial Code numbered 6102 and dated January 13 2011), will replace the current legislation when they enter into force on July 1. Needless to say, the New Commercial… »
Imitation of Mark's Calligraphy Found to be Indication of Bad Faith
Turkish textile company AG Tekstil filed an opposition against the application for the registration of the trademark AG ADRIANO GOLDSCHMIED by Adriano Goldschmied LLC, the owner of the well-known trademark AG (and device). The opposition and appeal were rejected. Another action filed by Tekstil seeking the annulment of the Turkish Patent Institute’s Higher Board’s decision was also rejected, thereby allowing the registration of the trademark AG ADRIANO GOLDSCHMIED. During the… »
Turkey: What If It Leaks?
The Turkish Law Perspective On Third Party Civil Liability In Nuclear Accidents As Turkey embarks on the path to becoming a nuclear energy nation with the start of the pre-construction preparations of the nuclear power plant in Akkuyu, Mersin by the Russian Rosatom1, the discussions on safety related issues are far from settled. The debate once again flared up in the wake of the unfortunate radiation leak on the Fukushima nuclear power plant following the devastating… »
Colour Marks Looking Pale in Turkey
Internationally acclaimed Galatasaray Football Club’s licensee filed an action against a paint manufacturer company by relying on the unfair competition created through the marketing of face-paints in the yellow-red colour combination. The licensee company argued in the first instance that the exclusive license obtained from the Club provided the company the exclusive right to market goods/services with the yellow-red colour combination and defendant’s face paint products in… »
TURKEY: Partial Cancellation of Well-Known Trademarks on Grounds of Non-Use
In decision 2010/11-695E, 2011/47K of February 9, 2011, the General Assembly of Civil Chambers of the Court of Appeals established a limit to the wide scope of protection for well-known trademarks, holding that pursuant to Articles 14 and 42 of the Decree-Law on the Protection of Trademarks (No. 556, June 27, 1995), the registration for a well-known trademark can be partially cancelled on the ground of non-use. The Court of Appeals discussed the issue of the strength of a… »
Turkish Patent Institute Introduces Trademark Examination Guideline
The Turkish Patent Institute (TPI) has published a trademark examination guideline within the context of the EU twinning project entitled “Supporting Turkey for Enhancing Implementation and Enforcement of Industrial Property Rights", which is carried out by the TPI and the German Foundation for International Legal Co-operation (IRZ Foundation). This document was prepared in accordance with Law 5000 on the TPI’s Organisation and Functions, which allows the TPI to collaborate… »