TURKPATENT found that there was no likelihood of confusion between AFİYETLE DİYET and AFİYET
The IP Court, the District Court and Court of Appeal disagreed, concluding that there was a likelihood of confusion
The case shows that there is no established approach to weak trademarks
Background
In 2014 the defendant applied to register the trademark AFİYETLE DİYET (which may be translated as ‘diet with health, appetite’) in Classes 5, 9, 29, 30, 31 and 32.
The plaintiff, the…
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I. PRE-FILING REQUIREMENTS/DEMAND LETTERS
Although it is not mandatory to send a demand letter before instituting proceedings in this jurisdiction, it is common to send such a letter.
Although it is not mandatory to attempt to settle with the other party before instituting proceedings in this jurisdiction, it is commonly done.
It is neither mandatory nor common to engage in mediation or other alternative dispute resolution proceeding with the other party before…
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Introduction
On 17 April 2020 the Law on Minimising the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life and the Amendment of Certain Laws (7244) (the Amendment Law) was published in the Official Gazette (31102) and entered into force.
The most significant amendments introduced to the Labour Act, the Act on Trade Unions and Collective Bargaining Agreements and the Unemployment Insurance Act include:
the prohibition on employers terminating…
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In a recent decision dated February 11, 2020 and numbered 2019/9931 the Advertisement Board, held that promotions of a food company for its potato chips with accompanied free ice tea coupons are compliant with Advertising Regulation. Hence Advertisement Board imposed no sanction against these promotions.
This is an important and exemplary decision for evaluating the Advertisement Board’s approach in terms of implementation of Article 24/A (3) of the Regulation on Commercial…
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Turkish IP law does not explicitly define ‘indirect infringement’. However, legislators refer to Article 86 of the Industrial Property Code, which clarifies a patent holder’s right to prevent third parties from supplying the essential means of the invention (ie, that which serves the working of the patented invention) to unauthorised parties. In order for this provision to apply, third parties must be aware that these elements or instruments are sufficient to implement the…
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1. General Overlook
Measures and restrictions being gradually introduced by the government against the COVID-19 outbreak, which was announced as a pandemic by the World Health Organization and diagnosed for the first time in Turkey on 11 March 2020, aim to protect public health while sustaining employment, production and supply chains.
Restrictions, which were first imposed on flights to China in February, were introduced for flights to another 71 countries in March.[1] These…
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