At the end of 2024, Turkish Patent and Trademark Office (“the Office”) made a significant move by publishing a revised communiqué on the classification of goods and services for trade mark registration applications. The changes, which came into effect following their publication in the Official Gazette on 20 December 2024, align the Turkish classification system with the latest updates made to the Nice Classification. These revisions aim to make the trade mark application…
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In trademark law, the existence of distinctive character is one of the main criteria for the registration of a trademark, and the overall impression of the trademarks and the elements they contain should be examined in detail when evaluating the likelihood of confusion between trademarks. In cases conducted by the European Union Intellectual Property Office (“EUIPO”), it is mentioned that, in addition to the distinctive elements of a trademark, the low distinctive elements…
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On February 25, 2025, the Court of Justice of the European Union (CJEU) rendered a groundbreaking judgment in the patent infringement case between BSH Hausgeräte GmbH and Electrolux AB, marking a significant ruling not only in Europe but worldwide. This decision is expected to pave the way for the expansion of jurisdiction in patent cases in EU member states and increase competition among courts in the international arena.
The dispute was brought before the CJEU as a…
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The plaintiff, which has been using PETSHOP as a non-registered trademark since 2008, sought the invalidation of PETSHOP for “musical instruments” in Class 15
The IP Court denied the plaintiff’s claims based on its earlier rights in the non-registered mark since the plaintiff’s earlier use did not relate to Class 15 goods
However, the court concluded that the defendant’s PETSHOP mark had been filed in bad faith
A recent case involving the mark PETSHOP reflects the common…
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Anti-suit injunctions ("ASI") issued by Chinese courts, which prevent parties of proceedings concerning standard-essential patents ("SEPs") from bringing proceedings against each other in different countries, have made the “jurisdiction of the court" a controversial issue.
As is known, in the case of SEPs, the first issue that confronts the patent holder and the company implementing the SEP is whether a licence has been asked, offered and/or granted on Fair, Reasonable and…
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Would you like to hear more about the chef’s recommendation? First, as a starter, some background information will be provided on a trademark dispute in Turkey that has a culinary theme, with the following steps taken at the administrative stage:
The owner of the above-left trademark opposed a third-party application for the above-right trademark before the Turkish intellectual property office, by addressing the entire coverage of the filing under the Nice Classification…
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