Cosmetics and Other Products
The packaging and labelling requirements for cosmetic products are regulated under Cosmetic Law numbered 5324 (the “Law”) and the Regulation on Cosmetics (the “Regulation”) of the TITCK of the MoH. In addition to the Law and the Regulation, the Guidelines on the Promotional Activities of Cosmetic Products and the Regulation on the Health Claims of the Products that are Offered for Sale with a Health Claim (“Health Claim Regulation”) are still applicable, which means… »
Personal Health Data Protection
The protection of personal data (including personal health data) is regulated under Personal Data Protection Law (“DPL”) numbered 6698. The DPL provides legal reasons for the processing of personal data and for sensitive personal data (data relating to race, ethnic origin, political beliefs, philosophical beliefs, religion, denomination, or other faiths, clothing and attire, membership of an association, charity or union, criminal convictions, and security measures, as well… »
Dilemma Over Well-Known Trademark Registry Continues in Turkey
We have previously reported on the Turkish Court of Cassation’s decision concluding that the Turkish Patent and Trademark Office has no authority to create and maintain a registry for well-known trademarks and discussed the possible repercussions of this decision for trademark owners (Well-known Trademark Registry Is Again Open for Debate). In this article we will examine how practice has been shaped in the light of this decision, offer tips for brand owners during this… »
Is VR+ a Trademark or a Generic Name?
In Turkey, according to Article 5/1(b) and Article 5/1(c) of Industrial Property Code (“the IP Code”) numbered 6769, respectively, “signs which are devoid of any distinctive character” and “signs which consist exclusively of or includes as an essential element of signs or indications which serve in trade to designate the kind, type, characteristics, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or rendering of the… »
Turkish Patent and Trademark Office Updates Trademark Examination Guidelines
On 30 September 2019 the Turkish Patent and Trademark Office issued guidelines regarding the examination standards for trademark applications in terms of absolute grounds, which were the first of their kind under Turkish law. Recently, a new chapter concerning the substantive examination standards for the assessment of confusing similarity has also been published. The new chapter covers the topics below: the concept of ‘likelihood of confusion’; the similarity of goods and… »
Non-Fungible Tokens (NFTs) and Trademarks
Non-Fungible Token (NFT), which we have heard more often since the beginning of 2021, is a digital asset that uses blockchain technology and mostly operates within Ethereum. NFT is a digital token that cannot be exchanged or replaced and may represent many tangible objects in the real world, such as songs, artworks, GIFs, virtual game items, videos, cartoons. NFT is technically not the asset itself, whereas it is a metadata file that contains the unique combination of Token… »