I. INTRODUCTION
The impact of intellectual property rights, in particular trademarks, on the global economy is significant because rapidly developing information technologies have transformed the world into a borderless environment. Trademarks have spurred a growing trust in brand recognition and loyalty among consumers that has, in parallel, propelled the growth in trademark value and the ensuing need for stronger trademark protection among trademark owners. Following the…
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In a dispute involving the RED BULL mark, the Turkish Patent Institute (TPI) has provided guidance on how it will interpret the likelihood of association between a trademark application and an earlier trademark.
In December 2009 Kamal Khanbabaei General Trading Co LLC filed an application for the registration of the figurative trademark BULZAI ENERGY DRINK for “energy drinks” in Class 32 of the Nice Clasification:
Red Bull GmbH filed an opposition against the application…
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Policy
Turkey is fully aware of the fact that an effective IPR system is the fundamental of a productive welfare society and a vital factor in enhancing Turkey’s competitive powers in the international trade. With this objective awareness and effective protection of IP rights has become one of the substantial policies of Turkey.
IPR Legislations
Finalised in June 1995 with the coming into force of the various decree laws regulating IP rights Turkey aligned its domestic laws…
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The Ankara Second IP Court has confirmed the principle that, in order to benefit from the principle of ‘trademark series’, not only must the trademark owner own a prior trademark, but the new application must not violate the trademark of a third party and/or create a likelihood of confusion with another trademark (Case 2010/102E – 2011/8K, January 13 2011).
The principle of ‘trademark series’ was recently established by the Court of Appeal: according to this principle, the…
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The Ankara Second IP Court has confirmed the principle that, in order to benefit from the principle of 'trademark series', not only must the trademark owner own a prior trademark, but the new application must not violate the trademark of a third party and/or create a likelihood of confusion with another trademark (Case 2010/102E - 2011/8K, January 13 2011).
The principle of 'trademark series' was recently established by the Court of Appeal: according to this principle, the…
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n Red Bull GmbH v Mavi Dunya Gida Dag Paz Tic Ltd Sti (December 12 2010), the Re-examination and Evaluation Board of the Turkish Patent Institute has held that there was a likelihood of confusion between the trademarks BULLDOZER ENERGY DRINK and RED BULL among the Turkish public.
On February 16 2009 Mavi Dunya Gida Dag Paz Tic Ltd Sti, a company established in Turkey, filed an application to register the following figurative trademark in Class 32 of the Nice…
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