In cases of online infringement of industrial property rights, various actions can be pursued, including civil actions, criminal actions, preliminary injunctions, and notice-and-takedown procedures. Possible ways of enforcement against online infringement is shown below:
The legal basis of trademark infringement is regulated under Articles 7 and 29 of the Intellectual Property Code (IP Code). Article 29 of the IP Code states that imitating a trademark or using a mark that is…
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For the first time in Turkey, the IP law enacted in 2017 introduced an administrative revocation procedure before the Turkish Patent and Trade Mark Office. However, to ensure a smooth transition, its implementation was delayed until 10 January 2024.
Previously, actions for revocation of trade marks based on non-use were filed as a court action before the specialized IP courts.
As of 10 January 10 2024, the Office has become responsible for handling revocation requests.…
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The Advertisement Board (“Board”), during their meeting dated 12 March 2024 and numbered 343, examined websites that require membership as a pre-condition for making purchase on the website. As part of this examination, the Board assessed whether any additional personal data, beyond the mandatory and necessary information for the purchase process, was requested from consumers, whether the conditions for unsubscribing were more difficult compared to the methods specified for…
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Article 26 of the Industrial Property Code, granting the Turkish Patent and Trademark Office (“the Office”) the authority to revoke trademarks, came into force on January 10, 2024.
Fourteen months after the entry into force of the administrative revocation of trademarks, the Office published a regulation amending the regulation on the implementation of the administrative revocation of trademarks.
Background
With the entry into force of the Industrial Property Code no. 6769…
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The Regulation Amending the Insurance Agencies Regulation (the “Amendment Regulation”) was published in the Official Gazette on January 22, 2025, and has entered into force on the same date.
The Regulation, which introduces significant provisions for insurance agencies, includes noteworthy updates particularly regarding minimum capital requirements, technical personnel qualifications, and operational obligations. The key highlights of the Amendment Regulation are as…
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According to the first paragraph of Article 5 of the Communiqué on Share Buybacks No. II-22.1 (the “Communiqué”), a share buyback program can only be approved by a general assembly resolution. However, an exception to this rule is provided in the fourth paragraph of the same article, which states that a share buyback program may also be approved by a board of directors resolution without the need for a general assembly resolution, in order to avoid an imminent and serious…
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At the end of 2024, Turkish Patent and Trademark Office (“the Office”) made a significant move by publishing a revised communiqué on the classification of goods and services for trade mark registration applications. The changes, which came into effect following their publication in the Official Gazette on 20 December 2024, align the Turkish classification system with the latest updates made to the Nice Classification. These revisions aim to make the trade mark application…
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Preliminary and jurisdictional considerations in insurance litigation
Fora
In what fora are insurance disputes litigated?
In the Turkish judicial system, in principle, insurance disputes are resolved by the commercial courts, irrespective of the amount or value of the dispute. On the other hand, insurance disputes arising out of maritime law are heard by a specialised commercial court. Insurance disputes to which a consumer is a party are heard by consumer courts. If a…
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In trademark law, the existence of distinctive character is one of the main criteria for the registration of a trademark, and the overall impression of the trademarks and the elements they contain should be examined in detail when evaluating the likelihood of confusion between trademarks. In cases conducted by the European Union Intellectual Property Office (“EUIPO”), it is mentioned that, in addition to the distinctive elements of a trademark, the low distinctive elements…
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On February 25, 2025, the Court of Justice of the European Union (CJEU) rendered a groundbreaking judgment in the patent infringement case between BSH Hausgeräte GmbH and Electrolux AB, marking a significant ruling not only in Europe but worldwide. This decision is expected to pave the way for the expansion of jurisdiction in patent cases in EU member states and increase competition among courts in the international arena.
The dispute was brought before the CJEU as a…
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The plaintiff, which has been using PETSHOP as a non-registered trademark since 2008, sought the invalidation of PETSHOP for “musical instruments” in Class 15
The IP Court denied the plaintiff’s claims based on its earlier rights in the non-registered mark since the plaintiff’s earlier use did not relate to Class 15 goods
However, the court concluded that the defendant’s PETSHOP mark had been filed in bad faith
A recent case involving the mark PETSHOP reflects the common…
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Would you like to hear more about the chef’s recommendation? First, as a starter, some background information will be provided on a trademark dispute in Turkey that has a culinary theme, with the following steps taken at the administrative stage:
The owner of the above-left trademark opposed a third-party application for the above-right trademark before the Turkish intellectual property office, by addressing the entire coverage of the filing under the Nice Classification…
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