The first step has been taken towards the judicial reform, which has become a hot topic recently. With the Law No. 7188 on Making Amendments to the Code of Criminal Procedure and Certain Laws (“Law No. 7188”) dated 17 October 2019, which took effect with its promulgation in the Official Gazette No. 30928 of 24 October 2019; critical amendments have been made particularly with regards to the criminal procedure. Among these amendments, the ones which are considered to affect…
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Turkish Patent and Trademark Office (“the Office”) published The New Trademark Examination Guideline (“Guideline”) on September 30, 2019. The guideline defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of Industrial Property Code (“the IP Code”) that came into force in 2017.
The Guideline aims to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that…
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The Trademark and Patent Offi ce refused to register Škoda Auto AS’ mark SUEDIA for automobiles on absolute grounds
The Re-examination and Evaluation Board found that, although the term ‘Suedia’ means ‘Sweden’ in Romanian, such meaning would not be readily perceived by the average Turkish consumer
This decision adopts a broader interpretation of distinctiveness for marks that include a geographical name in a language that is not widely known to the relevant public
A recent…
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On 30 September 2019 the Patent and Trademark O ce announced the issuance of new guidelines for the examination of trademark applications
The new guidelines are limited to examination on absolute grounds
The guidelines include a number of examples from Turkish and EU decisions
Following the entry into force of the Turkish Industrial Property Code, which replaced the relevant decree laws, on 10 January 2017, new guidelines had long been needed and awaited. The Turkish Patent…
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The Re-examination and Evaluation Board of TURKPATENT has acknowledged that EBAY should be recorded as a well-known trademark in Turkey
The board took into account the status of the mark around the world and in Turkey, with a focus on the realities of the Turkish marketplace
It is important to appeal unfavourable first-instance decisions to take advantage of the REEB examiners’ experience and broad understanding of trademarks
Background
Well-known status provides extensive…
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A Turkish company active in the automotive sector filed a patent infringement action against a German global automotive company. The Turkish company alleged that a system used in the cars of the German company was infringing its non-examined patent granted by the Turkish Patent and Trademark Office (‘TPTO’). As a counter-attack, the German company and its Turkish authorized dealer filed an invalidation action against the non-examined patent in question before the same Court.…
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