Plant protection products are defined in legislation in a broad and highly technical manner. They refer to preparations offered to users in various forms which are used to protect plants and plant products against harmful organisms or to prevent the effects of such organisms, excluding products intended solely for plant nutrition. These products may also affect plant growth, control or prevent undesirable developments in plants or plant parts, or eliminate unwanted plants.…
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The Trademarks Department of the Turkish Patent and Trademark Office (the Trademarks Department) has recently highlighted, in a dispute where the similarity of device marks and the well-known status argument were primary issues, that the evidence submitted in response to a proof-of-use request proved to be critically important to the success prospects of the opposition file.
Opposition grounds and device mark differences
The device trademark application shown below…
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In a recent decision of the Turkish Court of Cassation (Merit No. 2024/6138, Decision No. 2025/3800), the Court conducted a holistic comparison between a globally renowned energy drink brand and a motor oil brand, examining all aspects, from the similarity of the goods to the colors and figurative elements used in the disputed trademarks.
Background
The dispute involved, on the one side, the plaintiff’s well-known marks in the energy drinks sector – the word mark “MONSTER…
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The rapid development of artificial intelligence (AI) technologies and the widespread use of generative artificial intelligence systems also bring the need to regulate artificial intelligence. The steps taken and the issues discussed in European Union member states within the scope of the European Union’s AI Act have also begun to clarify the legal framework applicable to those systems and applications. Despite the lack of any specific regulation applicable to AI in Türkiye…
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In Turkey, absolute grounds for refusal in trademark registration are regulated under Article 5 of the Industrial Property Code No 6769 (the IP Code). According to Article 5(1)(f) of the IP Code, signs that may mislead the public about matters such as the nature, quality or geographical origin of the goods or services are one of the absolute grounds for refusal, meaning that those signs shall not be registered as trademarks.
Background
In an opposition proceeding before the…
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In recent years, the concept of “mystery boxes” or “surprise boxes” has become increasingly popular, taking a central place in the marketing strategies of many companies. While the element of surprise and intrigue offered by these products is highly appealing, it also raises various legal questions regarding whether the delivered items actually meet consumer expectations.
The Advertisement Board (“Board”), at its meeting dated September 11, 2025, placed on its agenda mystery…
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