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Turkish Patent Institute Introduces Trademark Examination Guideline

The Turkish Patent Institute (TPI) has published a trademark examination guideline within the context of the EU twinning project entitled “Supporting Turkey for Enhancing Implementation and Enforcement of Industrial Property Rights", which is carried out by the TPI and the German Foundation for International Legal Co-operation (IRZ Foundation). This document was prepared in accordance with Law 5000 on the TPI’s Organisation and Functions, which allows the TPI to collaborate… »

New Communiqué On Classification Of Retail Services In Class 35 Enters Into Force

The Turkish Patent Institute (TPI) has introduced an amendment to the Communiqué Concerning the Classification of Trademark Applications (BIK/TPE 2007/2). The new communiqué entered into force on October 19 2011 upon its publication in the Official Gazette. Since 1999, the TPI had not accepted sector-specific identifications in Class 35. Even if the applicant limited the description of the services to a certain sector, the TPI changed the wording to “bringing together a… »

Absolute Ground for Refusal Under Article 7/1(b) Interpreted Narrowly

On September 28 2010 the Re-examination and Evaluation Board of the Turkish Patent Institute interpreted Article 7/1(b) of the Trademark Decree Law 556 in a narrow sense. Diversey Inc (formerly known as JohnsonDiversey Inc), a leading global provider of cleaning and hygiene solutions, applied to the Patent Institute for the registration of the word mark DIVERSEY in Classes 1, 3, 5, 7, 21, 37 and 41 of the Nice Classification. The application was partially refused following an… »

UGG Recognised as Well-Known Trademark

A Turkish court has held that UGG was a well-known trademark in Turkey within the context of a cancellation action.The plaintiff, a Turkish company importing boots from Australia, challenged the registration of the UGG mark, owned by Deckers Outdoor Corporation. The plaintiff claimed that the trademark should be cancelled on the grounds, among others, that it was generic. On two separate occasions during the proceedings, the plaintiff sought a preliminary injunction… »

The Scope Of Job Security Provisions In Turkish Law In The Light Of Precedents Of The Court Of Appeal

Updates -

In Turkey, job security provisions were established by the Labor Act dated May 22, 2003 and numbered 4857, (the “Labor Act”). In Turkish law, provisions concerning job security were intended to limit the right of the employer to terminate open-ended employment contracts. The scope of job security and its limitations are detailed in Article 18 of the Labor Act. The employer is obliged to abide by specific procedures and must give a valid reason when terminating work contracts… »

Practical Information for Acquisition of Real Estate by Foreigners

Updates -

INTRODUCTION It has recently been observed that there is a serious increase in the demand and acquisition of real estate by foreigners in Turkey. Naturally, as in every country, there are some restrictions and rules regarding the acquisition of real estate by foreigners. In addition, there are some administrative regulations and procedures for the use of these acquired properties. This work aims to be used as a guide in order to give general and practical information with… »

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