Insights
Legal Issues Arising in Autonomous (Driverless) Vehicles: Liability and Privacy
Rapid technological developments in the automotive sector have led to the increased presence of autonomous (driverless) vehicles in traffic in some countries around the world, thereby bringing related legal issues to the forefront. In this context, there is a need for legal regulations that can keep pace with technological developments and respond to emerging needs, and the adequacy of existing legal regulations in serving technological developments is being evaluated. Among… »
Court of Cassation Issues Controversial Decision on Likelihood of Confusion in Dispute Over Pharma Marks
The owner of the marks BATIKAR and BATISOL in Class 5 sued the defendant for selling antiseptic disinfectants under the mark MIRADERM BATIMER While the IP Court ruled in favour of the defendant, the Regional Court – and subsequently the Court of Cassation – found that the shared element ‘bati’ created a likelihood of confusion Arguably, the courts did not take into account the specifics of the relevant sector and the global appreciation principle in the examination of… »
Update on The Well-known Trademark Registry Debate in Turkey
The well-known trademark registry of the Turkish Patent and Trademark Office (the Office) became a discussion topic after the Turkish Court of Cassation decided in 2020 that the Office has no authority to create and maintain a registry for well-known trademarks (see Turkey: Well-known trademark registry is again open for debate). First-instance intellectual property courts and regional courts of appeals adopted this decision immediately and changed their practice, whereas… »
IP and Music: Feel the Beat of Intellectual Property
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… »
Assessing the Merits of DRS Provider Decisions on Domain Names in Türkiye
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… »
When Overall Perception Speaks Louder Than Words: Conceptual Similarity
In the cosmetics sector, logos play a crucial role considering that consumers pay close attention to brand image, but they act quickly when buying products. Visual appearance often shapes purchasing decisions more than the verbal elements of a trademark. Decisions of Turkish Patent and Trademark Office (“the Office”) accepting the similarity between the trademarks discussed below provide a compelling case study of how overall perception and conceptual similarity between the… »
Turkish Court of Cassation Underlines Key Factors in Establishing Trademark Bad Faith
In a decision dated March 18 2025 (No. 2024/3844 E. (Merits), 2025/1879 K), the 11th Civil Chamber of the Turkish Court of Cassation upheld a Regional Court of Appeal finding that a trademark application had been filed in bad faith – reversing a ruling that dismissed the claim. Background to the case and the first-instance ruling On April 11 2019, an application was filed for the registration of the trademark ‘Stayer+’ in classes 7 and 35 of the Nice Classification. The… »
Turkish Patent and Trademark Office’s 2024 Revisions: Updates to the Trademark Classification System
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… »
Similarity Assessment in Trademark Applications Containing Low Distinctive Elements in the Light of the Court of Cassation Decisions
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… »
Does the Covid-19 Pandemic Constitute a Justified Reason for non-use?
The defendant in a non-use revocation action argued that the pandemic was a force majeure event which had compelled it to cease using its trademark temporarily The court disagreed, holding that the mark at issue, registered for personal care goods in Class 3, should have been used even more intensively during the pandemic The pandemic will not, in itself, be accepted as a justified reason for non-use in revocation actions After the covid-19 pandemic was declared globally… »
Approaches to Trademark Similarity in the Food Supplement Sector
A recent decision by the Court of Cassation regarding trademark similarity in the food supplements and vitamins sector offers a different perspective on the criteria for assessing trademark similarity. This decision provides valuable guidance for launching these products in compliance with both trademark law and sector-specific conditions. Background The decision of the 11th Civil Chamber of the Court of Cassation (“CoC”) dated May 28, 2024 (case no. E. 2023/911, K.… »
Changes to Administrative Trade Mark Revocation in Türkiye
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.… »
News and Events
Havva Yıldız Spoke at Bahçeşehir University
Havva Yıldız participated as a speaker in an event organized within the scope of the PALS and IGUL programs by Bahçeşehir University Faculty of Law. During the event, she shared the fundamental concepts of Intellectual Property Law and the career opportunities in this field with the students.
We Hosted ELSA İzmir, Where İrem Girenes Yücesoy and Begüm Soydan Sayılkan Shared Their Experiences
We hosted ELSA İzmir on December 06, 2024, where our managing associates İrem Girenes Yücesoy and Begüm Soydan Sayılkan shared their experiences of pursuing a career at an institutional law firm with the members. They provided insights into Gün + Partners' activities, practice areas, internship opportunities, and workplace experience.
Canan Tınaz Will Attend the 2024 Trademark Administrators & Practitioners (TMAP) Meeting in Pennsylvania
We are pleased to announce our participation at the 2024 Trademark Administrators & Practitioners (TMAP) Meeting, which will be held in Pennsylvania on September 22-24, 2024 and extend an invitation for a potential meeting during the event. Canan Tınaz will be representing Gün + Partners at the meeting. The 2024 Trademark Administrators & Practitioners (TMAP) Meeting is this year’s premier event for trademark administrators, paralegals, young practitioners, and…
Güldeniz Doğan Alkan and Mutlu Yıldırım Köse Attended the MARQUES 38th Annual Conference in Stockholm
We are excited to announce our participation in the 2024 MARQUES Annual Conference in Stockholm and warmly invite you to meet with us during the event. Güldeniz Doğan Alkan and Mutlu Yıldırım Köse will be representing Gün + Partners at the conference. This year’s Annual Conference sessions will cover diverse topics including: litigation and public opinion; working in areas outside your comfort zone; understanding local traditions; navigating consumer values; successful…
Meet us at the 2024 AIPPI World Congress in Hangzho
Gün + Partners' AIPPI team is excited to attend the AIPPI World Congress in Hangzhou this year. The AIPPI World Congress brings together professionals, experts, and stakeholders from around the world in the field of intellectual property (IP) to network, exchange knowledge, and foster business development. Representing Gün + Partners at the conference will be Aysel Korkmaz Yatkın (Partner in patents and utility models practice) and Zeynep Seda Alhas (Partner in trademarks…
Pınar Arıkan Will Attend the FICPI 22nd Open Forum in Madrid
We are excited to announce our participation in the FICPI 22nd Open Forum in Madrid and warmly invite you to meet with us during the event. Pınar Arıkan will be representing Gün + Partners at the forum. More than 20 years’ of experience has won the FICPI Open Forum a strong reputation for high-quality working sessions, with a special focus on best practices in IP firm management.
Mehmet Gün Has Been Listed in IAM Strategy 300 Global Leaders 2025
Mehmet Gün, our founding partner, is listed in IAM Strategy 300 Global Leaders 2025. Since its inception the IAM Strategy 300 is showcasing the top experts in the IP world. It is the only resource of its kind, acknowledging leaders from across in-house, private practice and service provider roles. A slot in the 300 is the mark of a professional whose approach to intellectual property is regarded by peers as truly strategic in nature.
Our Lawyers Have Been Recognised as Mondaq Thought Leading Authors
We are delighted our lawyers have been recognised as Mondaq Thought Leading Authors for the below categories at the Mondaq Autumn 2024 awards. Intellectual Property and Technology: European Union Artificial Intelligence Act Approved: What Does It Entail in Terms of Copyrights? Mondaq Autumn 2024 Thought Leadership Awards, showcase top authors based on total readership between April and September 2024, showing an overall award winner across 17 countries and separate awards…
SUSTAINABLE DEVELOPMENT CANNOT BE ACHIEVED WITHOUT WOMEN
Türkiye’s report card for gender equality is highly disappointing. According to the World Economic Forum’s 2023 Gender Inequality Report, Türkiye is ranked 129 out of 146 countries (5 ranks below compared to 2022, and ahead only of countries such as India, Tunisia, Jordan, Nigeria and Gambia). The report includes sub-indicators such as equal opportunity, women’s participation in the economy, opportunities for education, health and women’s empowerment in politics. In regard…
The Amended Turkish Animal Protection Act
Amendments to the Turkish Animal Protection Act, also known as the “Draft Bill Regarding Stray Animals”, have recently occupied the public agenda due to the proposed amendments. The proposed amendments are not in any way acceptable, whether it be in terms of public conscience, or in terms of progressive legal order. Although the proposed amendments were brought to agenda with the claim that the regulations of the existing Animal Protection Act are insufficient, it is…
Özge Atılgan Karakulak, Was the Trainer of “Top Case Studies in Patent Litigation” at IP Camp 2024
Özge Atılgan Karakulak, a partner in our patent and utility models practice, was the trainer for the session "Top Case Studies in Patent Litigation" at IP Camp 2024. IP.CAMP is the leading training event in the field of Intellectual Property Management and Licensing, organized by LES-Turkey since 2014.
Hande Hançar, Zeynep Çağla Üstün, and Pınar Arıkan Participated in the PatentMeet Mentorship Program
Hande Hançar, Zeynep Çağla Üstün, and Pınar Arıkan will be mentors in the PatentMeet Mentorship Program, which is organized by Patent Effect. Gün + Partners is one of the sponsors of the PatentMeet Mentorship Program, which offers participants who are interested in acquiring knowledge in the protection, management, and development of intellectual property rights or are aspiring to pursue a career in intellectual property the opportunity to have one-on-one mentorship…