The Turkish Court of Appeals has reiterated its established precedent that the examination of confusing similarity must take into account the overall impression conveyed by the trademarks to the relevant public.
In December 2007 Ital Food Industry AD filed a trademark application with the Turkish Patent Institute (TPI) for the sign reproduced below in Class 30 of the Nice Classification. The mark consisted of words in both Latin and Cyrillic characters.
Turkish company Eti…
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In August 2010, PC DESIGN SARL filed an application no. 2010/52790 for “cubano original eau de toilette natural spray + device” before the TPI for the goods specified in classes 03 and 33.
HAVANA CLUB HOLDING S.A. (“HAVANA CLUB”) filed an opposition against the application on the grounds that the application is not registrable in accordance with Article 7/1 (c) of Decree Law, given that “it was not distinctive in the commercial industry, designated geographical origin and…
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The electricity market has been one of the most active and attractive markets for investors in the last years in Turkey. With the enactment of the previous Electricity Market Law in 2001 (the Previous EML), private investment became the principie, instead of being an exception in the market. This immediately started to show positive effects in attracting private investment – 10 years ago the private sector represented a mere 38% of the electricity market, which increased to…
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After a series of legislative efforts in the mid and late 1990 is, all of Turkey’s IP related laws and regulations, including the Decree Law No. 556 Pertaining to the Protection of Trademarks have become compliant in almost all aspects with EU legislation. In addition to such major amendments in the laws and regulations, establishment of specialized IP Courts in major cities and structural changes within enforcement authorities and customs have enhanced the implementation of…
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Introduction
In May 2013 the Appellate Body of the World Trade Organisation (WTO) rendered a decision against the Ontario government regarding a prerequisite that renewable energy power plants use a certain percentage of domestic components in order to be eligible for the feed-in tariff (FiT) mechanism. Although this decision is not binding on Turkey, it has important implications, as Turkey also incentivises the use of domestic components in renewable energy power plants.
As…
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Introduction
On February 19 2014 an omnibus law (Law 6518) was published in the Official Gazette that amends certain laws and decree-laws – including the Decree-Law on the Organisation and Duties of the Ministry of Family and Social Politics – and introduces new incentives. At first glance, these new incentives appear to be aimed at increasing local production of mid-tech and high-tech products by encouraging local research and development (R&D). As the pharmaceutical…
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