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Insights

We share our knowledge and expertise to update our community and clients about legal developments in Turkey.

Patent Institute can’t Spoil FERRERO ROCHER 3D Application

The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute (TPI) against a decision of the Ankara IP Court to allow the registration of the three-dimensional shape for chocolate packaging (Case 2007/1444 E. 2007/4132, March 8 2007). Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification. The TPI Trademarks Department Directorate… »

EFES for Beer not Confusing with EFE for Raki

The Turkish Court of Appeal has upheld a decision of the IP Court in Ankara which rejected an opposition to the registration of the mark EFE for raki by Elda Enerji Hizmetleri San ve Tic AŞ, the first private company authorized to produce raki by the Turkish Tobacco Products and Alcoholic Beverages Market Regulatory Authority (Case 2006/7083-9027, September 21 2006). The opposition action had been brought by Anadolu Efes Biracılık ve Malt San AŞ (Anadolu Efes) upon the… »

GUCCI Opposition Fights off GUJI Application After Appeal

The Turkish Court of Appeals has upheld a decision of the specialized IP First Instance Court of Ankara, which annulled the Turkish Patent Institute’s (TPI) decision to refuse Guccio Gucci SpA’s (Gucci) opposition against an application to register the mark GUJI (Case 2006/12097 E-2007/848 K, January 25 2007). Gucci holds a number of GUCCI marks registered in Turkey since July 16 1982 for goods and service in Classes 3, 6, 18, 25, 34 and 35 of the Nice Classification. The TPI… »

Aural Similarity with VİGOSS Sees off BİGOS Application

The Re-Examination and Evaluation Board of the Turkish Patent Institute (TPI) has upheld a decision finding the marks BİGOS and VİGOSS aurally confusingly similar. Bigo Tekstil Sanayi ve Ticaret Ltd Şti, a local manufacturer, filed an application to register BİGOS as a trademark in Class 25 of the Nice Classification. Bulur Giyim Sanayi ve Ticaret Limited Şti filed an opposition on the grounds that the application is confusingly similar to its senior trademark VİGOSS under… »

Bad-faith MAINETTI Registration Hung out to

In a landmark decision, the Re-examination and Evaluation Board (the administrative appeal board) of the Turkish Patent Institute (TPI) has upheld an opposition to the registration of the trademark MAINETTI in the name of a local company (Case 2006-M-598, May 4 2006). Local company Hidropres Aski Sanayi Ticaret Limited Sirketi (Hidropres) applied to register the trademark MAINETTI for all goods in Classes 20 and 21 of the Nice Classification, and for services in Class 35.… »

Supreme Court Affirms Extensive Protection for Well-known Marks

In a case published in March 2006 the Turkish Supreme Court confirmed that trademarks that are well known under Article 6bis of the Paris Convention for the Protection of Industrial Property are protected against confusingly similar third-party applications that cover different goods and services. The decision also confirmed that in the case of bad-faith applications, revocation actions are not subject to time limitation (Case 2005/11-476 E, 2005/483 K, September 21… »

BROWNI not Generic for Chocolate Cakes, Court Rules

The Ankara IP Court of First Instance has ordered that the trademark ULKER BROWNI CHOCOLATE CAKE be revoked on the grounds of likelihood of confusion with the senior marks BROWNI and BROWNI GOLD (Case 2005/23, October 27 2005). Eti AS filed a petition for the cancellation of the registration of the mark ULKER BROWNI CHOCOLATE CAKE held by competitor Ulker AS. Eti had unsuccessfully opposed Ulker’s application on the basis of its senior registration of the mark BROWNI held… »

Ferrari Secures Reverse in Opposition Case

The Turkish Patent Institute has overturned an earlier decision and has allowed Ferrari SpA’s opposition against the registration of a word and device mark featuring a rearing horse design (Case 2005-M-3427, August 17 2005). Turkish company Bisan Bisiklet Moped Otomotiv San ve Tic AS applied to register the mark, which is made up of the word BISAN inside a rectangle placed over a triangle bearing a rearing horse device, for goods in Class 12 of the Nice Classification and… »

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