Absolute Ground for Refusal Under Article 7/1(b) Interpreted Narrowly
On September 28 2010 the Re-examination and Evaluation Board of the Turkish Patent Institute interpreted Article 7/1(b) of the Trademark Decree Law 556 in a narrow sense. Diversey Inc (formerly known as JohnsonDiversey Inc), a leading global provider of cleaning and hygiene solutions, applied to the Patent Institute for the registration of the word mark DIVERSEY in Classes 1, 3, 5, 7, 21, 37 and 41 of the Nice Classification. The application was partially refused following an… »
UGG Recognised as Well-Known Trademark
A Turkish court has held that UGG was a well-known trademark in Turkey within the context of a cancellation action.The plaintiff, a Turkish company importing boots from Australia, challenged the registration of the UGG mark, owned by Deckers Outdoor Corporation. The plaintiff claimed that the trademark should be cancelled on the grounds, among others, that it was generic. On two separate occasions during the proceedings, the plaintiff sought a preliminary injunction… »
The Scope Of Job Security Provisions In Turkish Law In The Light Of Precedents Of The Court Of Appeal
In Turkey, job security provisions were established by the Labor Act dated May 22, 2003 and numbered 4857, (the “Labor Act”). In Turkish law, provisions concerning job security were intended to limit the right of the employer to terminate open-ended employment contracts. The scope of job security and its limitations are detailed in Article 18 of the Labor Act. The employer is obliged to abide by specific procedures and must give a valid reason when terminating work contracts… »
Practical Information for Acquisition of Real Estate by Foreigners
INTRODUCTION It has recently been observed that there is a serious increase in the demand and acquisition of real estate by foreigners in Turkey. Naturally, as in every country, there are some restrictions and rules regarding the acquisition of real estate by foreigners. In addition, there are some administrative regulations and procedures for the use of these acquired properties. This work aims to be used as a guide in order to give general and practical information with… »
Using Exceptions to the Territoriality Principle in Turkish Trademark Law to Protect Foreign Trademarks Not Registered or Used in Turkey
I. INTRODUCTION The impact of intellectual property rights, in particular trademarks, on the global economy is significant because rapidly developing information technologies have transformed the world into a borderless environment. Trademarks have spurred a growing trust in brand recognition and loyalty among consumers that has, in parallel, propelled the growth in trademark value and the ensuing need for stronger trademark protection among trademark owners. Following the… »
Likelihood of Association Between Bull Device Mark and RED BULL Marks
In a dispute involving the RED BULL mark, the Turkish Patent Institute (TPI) has provided guidance on how it will interpret the likelihood of association between a trademark application and an earlier trademark. In December 2009 Kamal Khanbabaei General Trading Co LLC filed an application for the registration of the figurative trademark BULZAI ENERGY DRINK for “energy drinks” in Class 32 of the Nice Clasification: Red Bull GmbH filed an opposition against the application… »