The Dilemma Of Co-Existence Of Trademarks Under Turkish Law
Trademarks are defined as signs distinguishing the goods and services of one undertaking from the goods and services of the same kind or another undertaking. In this sense, “distinguishing certain goods and services of an undertaking from other goods and services of the same undertaking or other similar goods and services provided by other undertakings” is considered as the main function of trademark. On the other hand, in the usual flow of the business life, since the signs… »
Anti Counterfeiting 2009: A Global Guide, Turkey Chapter
Turkey has closely followed international developments and has acceded to almost all IP-related international treaties, in particular the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). which aims to harmonize the legal framework on anti-counlerfeiting and anti-piracy among World Trade Organization members. Decision 1/95 of the EC-Turkey Association Council on implementing the final phase of the Customs Union and EU Directive 89/101. Turkey… »
MOBIL FUTBOL and MOBIL VIZYON Cancelled in Surprising Decision
The Turkish Court of Appeals has upheld a decision of the Ankara First IP Court in which the latter had ordered the cancellation of the trademarks MOBIL FUTBOL and MOBIL VIZYON (Case 2007/7896 E ve 2009/2456 K, March 3 2009). The case arose from a court action lodged by ExxonMobil based on its MOBIL trademark. The applicant, one of the leading mobile phone companies in Turkey, had applied to the Turkish Patent Institute for trademark protection of the phrases ‘mobil vizyon’… »
Turkey: Generating Electricity From Renewable Energy Resources Under Turkish Law
After the oil crisis in 1973, greater interest was directed towards renewable energy resources. At that time, the aim was to focus on alternative energy resources in order to be less dependent on oil as an energy resource. After it has been proved that the burning of fossil fuels has a negative impact on climate change, the importance of renewable energy resources has been widely recognized throughout the world with an effort to prevent the undesirable effects of pollution… »
Turkey: Hidden Advertising in Turkey
We come across with hidden advertisements on various media in our daily lives, including but not limited to TV, cinema or newspapers. The légitima of “hidden advertising” has become one of the highly debated issues in Turkey. Amongst the overall discussions and raised arguments, a common question comes into minds: What makes the hidden advertising like this popular and actual in the sector? First of all, it might be said that the advertising prohibition for certain products… »
Turkish Arbitration Rules and Regulations
The Civil Procedure Law dated June 18, 1927 and numbered 1086 (the “CPL”) used to be the governing legislation in Turkey in terms of all arbitration proceedings whether domestic or international. However, the relevant provisions of the CPL were originally intended to regulate domestic arbitration proceedings. Those provisions were therefore not properly responding to the needs of those parties to international disputes. Taking into consideration the need for a specific and… »
Turkey: Electronic Communication Law In A Nutshell
Introduction The Telegram and Telephone Law dated February 21, 1924 and numbered 406 (the “Law No. 406″) has been the governing regulation with regards to telecommunication activities for more than eighty years and despite the fact that it was subject to substantial amendments after the abolishment of monopoly on telecommunication activities, it failed to fully satisfy the demands of the telecommunication market. On November 10, 2008, the Electronic Communication Law numbered… »
Healthy Food Trend Grows
Many countries are becoming increasingly concerned about the issue of obesity, which by definition is: “a condition in which the natural energy reserve, stored in the fatty tissue of humans and other mammals, is increased to a point where it is associated with certain health conditions or increased mortality.”(1) Although obesity is an individual clinical condition, the fact that it has been observed as a serious and growing public health problem has pushed many countries to… »
BEST BUY Recognized as Well Known
The Ankara Court of Intellectual and Industrial Property Rights has reversed a decision of the Turkish Patent Institute (TPI) in which the latter had refused to register the trademark BEST BUY on absolute grounds (Case 2007/227, Decree 2008/82, March 27 2008). Best Buy Enterprise Services Inc, a US company engaged in the business of selling consumer electronics, applied for the registration of the trademark BEST BUY (and design) with the TPI for services in Class 35 of the… »
International Arbitration in Turkey
1) ARBITRATION AGREEMENTS1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your country?The legislation governing arbitration proceedings in Turkey, is the “Civil Procedure Act No. 1086″ for domestic arbitration and the “International Arbitration Act No. 4686″ for international arbitration proceedings.In order for an arbitration agreement to be valid:- It must be enacted relating to an arbitrable matter (disputes relating to rights in… »
Debate on Time Limits in Cancellation Actions Put to an End
The General Assembly of the Court of Appeals has put an end to the debate as to the interpretation of the expression ‘date of registration’ in Articles 14 and 42 of the Trademark Law 556 (Case 2007/11-974-2007/962, December 12 2007). Çenay Feyzioglu filed an action for the cancellation of Çetin Çakir’s trademark BIO COS (and design) or the removal of the design from the trademark based on the earlier registered trademark LOTUS (and design). Feyzioglu had also filed an action… »
Apple Seeks Recognition of IPOD as Well Known Following Landmark Decision
Following a decision by the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) in opposition proceedings, Apple Inc has filed an application for the official recordal of IPOD as a well-known mark in the official registry. The board had rejected Turkish company Tunc Tekstil’s application for the registration of the trademark IPOD for goods in Classes 25 and 35 of the Nice Classification on the grounds that the well-known status of Apple’s IPOD trademark… »