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… »
New Communiqué On Classification Of Retail Services In Class 35 Enters Into Force
The Turkish Patent Institute (TPI) has introduced an amendment to the Communiqué Concerning the Classification of Trademark Applications (BIK/TPE 2007/2). The new communiqué entered into force on October 19 2011 upon its publication in the Official Gazette. Since 1999, the TPI had not accepted sector-specific identifications in Class 35. Even if the applicant limited the description of the services to a certain sector, the TPI changed the wording to “bringing together a… »
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… »