Colour Marks Looking Pale in Turkey
Internationally acclaimed Galatasaray Football Club’s licensee filed an action against a paint manufacturer company by relying on the unfair competition created through the marketing of face-paints in the yellow-red colour combination. The licensee company argued in the first instance that the exclusive license obtained from the Club provided the company the exclusive right to market goods/services with the yellow-red colour combination and defendant’s face paint products in… »
TURKEY: Partial Cancellation of Well-Known Trademarks on Grounds of Non-Use
In decision 2010/11-695E, 2011/47K of February 9, 2011, the General Assembly of Civil Chambers of the Court of Appeals established a limit to the wide scope of protection for well-known trademarks, holding that pursuant to Articles 14 and 42 of the Decree-Law on the Protection of Trademarks (No. 556, June 27, 1995), the registration for a well-known trademark can be partially cancelled on the ground of non-use. The Court of Appeals discussed the issue of the strength of a… »
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
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
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… »
Using Exceptions to the Territoriality Principle in Turkish Trademark Law to Protect Foreign Trademarks Not Registered or Used in Turkey
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… »
Likelihood of Association Between Bull Device Mark and RED BULL Marks
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… »
Overview of IPR Policy, Legislation and Enforcement
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… »
IP Court Confirms Principle of ‘Trademark Series’
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… »