ELECTRIC PLAYGROUND was found descriptive and devoid of distinctiveness in Türkiye, but was registered as a trademark for the same services in the US
The approach adopted by the Turkish IP Office and courts was arguably excessive and disproportionate
The application was refused for sports, culture and entertainment services in Class 41
A recent IP case has evaluated the descriptiveness and distinctive character of English-language word marks with respect to Turkish…
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The processing of personal data is inevitable during the use of artificial intelligence technologies. The processing of personal data in accordance with fundamental principles and the protection of the rights of data subjects and the accurate and adequate response to their requests will essentially minimize the risks of harm to individuals arising from the processing of personal data in artificial intelligence technologies and serve to protect their personal rights at all…
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An employee who claims to have worked overtime and demands overtime pay from the employer bears the burden of proving this claim. At this point, the employee may rely on written evidence such as workplace records, documents indicating entry to and exit from the workplace, and internal workplace correspondence. However, if an employee is unable to prove the overtime work through such written evidence, the employee may also substantiate her/his claims through witness testimony.…
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On March 27, 2025, the Turkish Medicines and Medical Devices Agency (“Agency”), issued an announcement regarding the first application procedures for the pricing of authorized pharmaceuticals subject to alternative reimbursement models.
As per the provisions outlined in the legal framework for the pricing of medicinal products, the Decision on the Pricing of Medicinal Products for Human Use numbered 2017/9901 (“Decision”), and the Communiqué on the Pricing of Medicinal…
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Music is a universal form of expression that transcends cultures, languages, and generations. From ancient times to today’s digital platforms, music has always served as a powerful carrier of emotions, thoughts, and collective memory. The creation of this powerful form of expression involves the creative efforts of many individuals—ranging from lyricists and composers to performers and sound engineers—and this effort is recognized and protected by means of copyrights.
In…
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As of September 14, 2022, disputes concerning domain names with the ccTLD for Türkiye – “.tr” – are resolved under the TRABİS (“TR Domain Name Information System”) framework by accredited Dispute Resolution Service Providers (“DRS Provider”). This new system aims to resolve domain name ownership and use disputes more effectively. A notable recent development in this new system and process emerged when a DRS Provider’s decision was brought before the courts.
Alternative…
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The Advertisement Board (“Board”) closely monitored dark patterns on online user interfaces that facilitate consumers to enter into subscription agreements, and which might deceive, coerce, manipulate consumers into making choices that may not be in their best interests. Dark patterns are broadly considered deceptive commercial practices under the Commercial Advertising and Unfair Commercial Practices Regulation which defines “The use of guiding interface designs, options, or…
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In Türkiye, the advertising, promotion, and similar activities related to alcoholic beverages are prohibited across all communication channels, including television, radio, cinema, print media, and digital platforms. Therefore, it is not permitted to promote or advertise alcoholic beverage brands in any way. This restriction also includes advertisements made through social media influencers. The Advertisement Board has scrutinised hidden advertisements of alcoholic beverage…
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During its meeting in March 2024, the Advertisement Board examined sponsored advertisements placed by certain companies via Google Adwords/Google Ads, in which registered trademarks of competitor firms were used as keywords. Accordingly, the Board imposed a suspension penalty on advertisements where a company's trade name and trademark used to identify its services were selected as keywords by other companies, on the grounds that such advertisements were misleading to…
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The Advertisement Board (“Board”) reviewed numerous advertisements containing claims related to the environment in accordance with the Regulation on Commercial Advertising and Unfair Commercial Practices (“Regulation”), as well as the Guideline on Advertisements Containing Environmental Claims. The Board’s evaluation provided practical guidance for interpretation of environmental claims’ compliance to law.
The Board examined the environmental claims in a cosmetic company’s…
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Article 8 of the Regulation on Commercial Advertisement and Unfair Commercial Practices (“Regulation”) permits comparative advertisements under specific conditions. Subparagraph (a) of the paragraph 1 of the article requires that such advertisements “should not be misleading or deceptive”, while subparagraph (f) mandates that “claims based on objective, measurable, and numerical data must be substantiated by scientific tests, reports, or documents”. The Regulation also…
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The Regulation on Broadcasting Services (“'Regulation”) was amended by the Radio and Television Supreme Council and these amendments were published in the Official Gazette No. 32575 on 13 June 2024. These recent amendments are particularly relevant for news programs and, in some cases, live broadcast programs. The amendments introduced the following new rules, which are also in concern with the content rating for television programs:
The Content Rating requirement is now…
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