Shape Mark Registration Decision May be Start of New Trend
In what may turn out to be a landmark decision, the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) has overturned a first instance decision and has allowed the registration of a three-dimensional device mark in the shape of an open book (Case 2006/05170, May 23 2007). Previously, the TPI has been very reluctant to allow the registration of three-dimensional marks. Société des Produits Nestlé SA (Nestlé) applied for the registration of the mark for… »
Hardline Stance Results in More Seizures of Counterfeits in Transit
The Court of Appeals has been rejecting defendants' claims that their goods were merely in transit or that national laws do not apply to products seized in the free trade zone. Instead, the court now treats transit counterfeiters like any other counterfeiters. The court first ruled against transit counterfeiters in 2004. In the most recent decision on this issue (Case 2005/5247 E, 2006/5336 K, May 8 2006), the court has supported its hardline approach by holding that since… »
Court Rejects Patent Institute’s Ferrero Rocher Appeal
The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute against a decision of the Ankara IP Court to allow the registration of a three-dimensional shape for chocolate packaging (Case 2007/1444 E, 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its Ferrero Rocher chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The institute’s Trademarks Department Directorate… »
Patent Institute Can't Spoil FERRERO ROCHER 3D Application
Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The TPI Trademarks Department Directorate rejected the application on the grounds that the packaging is descriptive of the goods in the application list and should be open for use by the public. On appeal, Ferrero contended that: the packaging is distinctive enough to be registered as a trademark, even for… »
Patent Institute can’t Spoil FERRERO ROCHER 3D Application
The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute (TPI) against a decision of the Ankara IP Court to allow the registration of the three-dimensional shape for chocolate packaging (Case 2007/1444 E. 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The TPI Trademarks Department Directorate… »
EFES for Beer not Confusing with EFE for Raki
The Turkish Court of Appeal has upheld a decision of the IP Court in Ankara which rejected an opposition to the registration of the mark EFE for raki by Elda Enerji Hizmetleri San ve Tic AŞ, the first private company authorized to produce raki by the Turkish Tobacco Products and Alcoholic Beverages Market Regulatory Authority (Case 2006/7083-9027, September 21 2006). The opposition action had been brought by Anadolu Efes Biracılık ve Malt San AŞ (Anadolu Efes) upon the… »