The General Assembly of the Court of Appeals has held that a registered trademark may be invalidated on the grounds of bad faith (Case 2008/11-501E 2008/507, July 16 2008, only recently published).
The case arose out of an action for the invalidation of the trademark RG 512 (and design) on the grounds that it was confusingly similar to the earlier mark RG 512 (and design). The earlier mark was not registered or used in Turkey, but was registered and used in other countries.…
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The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has reversed a decision of the Trademarks Department in which the latter had rejected claims of bad faith against a new application fıled by the applicant to avoid the consequences of a possible partial revocation of its earlier trademark.
Background
In November 2014 Microsoft Corporation fıled a trademark application in Turkey through WIPO for the mark POWER BI, covering specific goods in…
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Dicle Doğan and Fatma Sevde Tan, Gun + Partners
On 4 October 2018, the Turkish Medicines and Medical Devices Agency published the draft Regulation on Medical Devices (Turkish language), which was drafted in parallel with the EU Medical Device Regulation ((EU) 2017/745).
The draft regulation is currently open to public consultation until 16 November 2018 and may be amended before final publication.
One of the significant changes that the draft regulation will introduce for…
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In a recent decision, the Court of Appeal (the CoA) ruled that the well-known status of the GARANTİ mark for banking services would prevent registration of the KUTUP GARANTİ PLUS mark for different services.
In June 2012, a Turkish company, with the word KUTUP as the main element of its commercial name, applied to register the mark KUTUP GARANTİ PLUS in Classes 35, 37 and 40. The opponent, a renowned company in the banking sector owning many GARANTİ trade marks in several…
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Co-published
Last year, Turkey’s leading home appliance manufacturer filed two patent infringement actions, claiming the determination, prohibition and prevention of a patent infringement and seeking a preliminary injunction against an international company in the same sector for its coffee machine products.
The infringement actions were based on two patents protecting different features and methods of a Turkish coffee machine – the first electronic coffee machine dedicated…
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The business community’s original idea of arbitration was to solve commercial disputes smoother and faster than the conventional courts could. Back in those days, arbitration was, by definition, fast.
However, this perception has changed. In the 2015 International Arbitration Survey, cost and lack of speed were considered as the worst characteristics of international arbitration.
As a reaction to this growing appetite to run proceedings in a more efficient manner, arbitration…
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