Insights
Turkish IP Office Rules on Similarity of Figurative Marks: Timberland’s Tree Emblem
Timberland is one of the most famous and prestigious footwear brands, especially known by its original waterproof ‘yellow’ boots, which have defined the brand since their invention in 1973. Timberland is also the owner of the tree device mark shown below, which is broadly used on its products, including footwear and apparel, as well as on any kind of promotional material of the company. Due to the value and good reputation of the brand, not only the design of the yellow… »
Recent Developments Within The Turkish Patent And Trademark Office
Service by publication has come into effect Turkish Patent and Trademark Office put discussions over well-known trade mark registry on its agenda Turkish Patent and Trademark Office’s official website was updated Service by publication has come into effect Notification procedure was a significant issue at the Turkish Patent and Trademark Office (Office) since it not only causes delays in the application processes but also affects the IP right holders using their rights.… »
Creative and Innovative Women on the Stage on World Intellectual Property Day!
World Intellectual Property Day is celebrated every year to raise awareness on intellectual property on 26 April which is the establishment date of the World Intellectual Property Organization (WIPO) and this year’s theme is creative and innovative women. The importance of gender equality is apparent in the field of intellectual property, as it is in every field. Throughout history, women made undeniable contributions to science, art and technology despite all difficulties… »
PTO Confirms Similarity of Virtual and Physical Goods in Landmark Decision
A company based in the US opposed an application for goods and services in Classes 25 and 35 based on an earlier mark in Classes 9, 35 and 41 The PTO found that the physical goods/services covered by the application were similar to the virtual and online goods/services covered by the opponent’s mark The similarity of virtual and physical goods/services has recently been a hot topic across the world In a decision issued on 31 March 2023 (which was subsequently finalised)… »
Highly Logical: Turkish IP Office's Vulcan Salute Ruling Sets Final Frontier For Copyright Ownership Argument
According to Article 6/6 of the Turkish Industrial Property Code, “An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.” Based on this provision, it is possible to oppose an application relying upon the opponent’s other intellectual property rights ownership. On December 20 2022, the Re-Examination and… »
Dilution of Well-known Mark and Applicant’s Bad Faith: PTO Issues Exemplary Decision
The Trademarks Department granted broader protection to the well-known SINGER mark, refusing an application including the term ‘Singer’ in Class 1 The decision examined the conditions for dilution of a well-known mark under Article 6/5 of the IP Code The well-known status of the SINGER mark, as well as the word and graphic elements in the application, played a role in deciding on the applicant’s bad faith The Trademarks Department has decided that the application for… »
The Effect of COVID-19 Outbreak on Deadlines in Protection of Intellectual and Industrial Rights
Following the enactment of The Law on Amendment of Certain Laws No. 7226 (“Law”), which entered into force upon publication in the Official Gazette dated 26 March 2020, the terms determined as per the Industrial Property Code (“IP Code”), applied either by the Turkish Patent and Trademark Office (“Office”) or before the relevant courts as statute of limitations for filing lawsuits, has been suspended. As per the Law, all terms suspended for the period between March 13, 2020… »
COVID-19’s Impacts on Criminal Raids and Customs Suspensions Based on Trademark Infringement
1. Are there specific measures taken at the courthouses due to COVID-19? YES. The courthouses across the country are open and active – yet; As per the decisions of the Directorate of Administrative Affairs of the Presidency, the public employees – which covers judges, prosecutors and further courthouse personnel - who are pregnant, taking breastfeeding leave, disabled, over 60 years old (except managers), or those having a chronic disease, will be deemed on administrative… »
Combating Counterfeit Hygiene Products, Along With COVID-19
Turkey’s first official diagnosis of COVID-19, which is considered to have begun in China’s Whuan city in December 2019 and which has spread to millions worldwide in the following months, was announced on 11 March 2020. Following the first case reported in Turkey and basically due to sudden increase in the demand for products such as masks, disinfectants, detergents; a direct increase has also been observed in the supply of counterfeit products to the market, which are… »
The Benefits of Filing a Criminal Case Based on Trademark Infringement for Counterfeit Products Subjected to the Crime of Smuggling
Turkey’s geographical location and dynamic population make Turkey an important market for smuggled products and one of the major transit countries. In its most basic definition, a smuggled product corresponds to the products entering the country without permission or with underreporting/false declaration. Products subject to the crime of smuggling comprise a wide range of sectors from pharmaceuticals to tobacco and alcohol products, from textiles to phones and car components.… »
Challenges and Opportunities When Combatting Counterfeits in Turkey
It is not a secret that Turkey has an important geographical location for production and sales of counterfeit products as well as the ones in transit. Most of the smuggled products entering Turkey also turn out to be counterfeits. This requires brand owners to take an active role in Turkey to combat the counterfeits, cover all possible basis, and also seek alternative and creative approaches. There are certain civil and criminal actions that can be taken while combatting… »
Turkish Court of Cassation’s Recent Decision on Search and Seizure Orders is Strengthens the IP Owners’ Position
In Turkey, following the criminal complaint route against counterfeits is very effective, yet several criminal courts are becoming rather hesitant to grant search & seizure warrants. The most problematic courthouse in this respect has been Istanbul Courthouse for quite some time and this courthouse is very important as its jurisdiction covers very significant locations for brand owners, such as Grand Bazaar, Taksim, Tahtakale etc.. The criminal courts of Istanbul… »
News and Events
Baran Güney Will Talk at “Evolving Regulation of the Use of Consumer Reviews” webinar by International Advertising Association
Consumer reviews have become an important part of the advertising ecosystem and these reviews can be very influential to potential customers when they are making a purchasing decision. Marketers use reviews in advertising, they host reviews on their websites, they encourage consumers to post reviews on other sites, and some even try to prevent customers from posting negative reviews at all. “Evolving Regulation of the Use of Consumer Reviews” webinar by International…
IAM Patent 1000 - The World's Leading Patent Professionals Rankings 2022 Announced
The 2022 edition of the IAM Patent 1000: The World’s Leading Patent Professionals has been released online.We are proud to announce that we have been recognised as the top tier firm and our 6 practitioners are recognized as the leading individuals in the IAM Patent 1000 - The World's Leading Patent Professionals 2022. The guide is the definitive resource for those seeking to identify world-class individual and firm-wide private practice patent expertise.
Dicle Doğan Met with University Students at Istanbul Bilgi University 21st Career Days in Law
Dicle Doğan, managing associate in our life sciences and intellectual property practices, represented Gün + Partners at the 21st Career in Law Days organized by Istanbul Bilgi University Faculty of Law. Dicle Doğan met with university students, talked about career opportunities, employee experience, operating models of our practice areas, and responded to students’ questions.
Burcu Sucuka Is Outlining the Use of a Patent and Declaration of Use in Turkey
The use requirements in Turkey and submitting evidence for proving the use of a patent are the subjects about which we receive questions from our clients the most. In our video, Burcu Sucuka is outlining the use of a patent and declaration of use in Turkey. Further details are available in our thought leadership paper. https://gun.av.tr/thought-leadership/patent-law-in-turkey-key-developments-and-predictions-2021
Our IP Partners Are Listed in WIPR Leaders 2021
Mehmet Gün, Aysel Korkmaz Yatkın, Güldeniz Doğan Alkan and Uğur Aktekin, partners in our intellectual property practice, are listed in the WIPR Leaders 2021 from Turkey. The guide profiles the leading IP executives across the world. The handbook lists over 1,700 lawyers across patent, trademark, and copyright practices after a four month nomination period in which they sought views from 12,000 IP professionals. In order to reach the WIPR Leaders 2021 please click here.
Announcement of 2021 Lawyer Promotions
We are pleased to announce the promotions of Begüm Soydan and Direnç Bada as our new senior associates. https://gun.av.tr/people
Hande Hançar Is Giving "IP Law" Course at TOBB University during 2020-2021 Academic Year
Hande Hançar, partner in our IP practice, is giving "IP Law" course at TOBB University of Economy & Technology, Faculty of Law as a visiting lecturer during 2020-2021 academic year Fall semester.
Baran Güney to Speak at the Sectoral Orienteering Event
Baran Güney, senior associate in our TMT practice, will evaluate the legal framework of Advertisements on Social Media at the Sectoral Orienteering event organized by Özyeğin University. https://so.ozyegin.edu.tr/tr/so22-bahar
Dicle Doğan Has Been Listed Among Euromoney Expert Guides - Rising Stars 2022
We are delighted to see Dicle Doğan, managing associate in our life sciences practice, has been listed among Euromoney Expert Guides - Rising Stars 2022. Expert Guides identifies the world’s leading lawyers, advisers and legal practitioners based on extensive peer review. https://www.iflr1000.com/NewsAndAnalysis/Expert-Guides-Rising-Stars-2022/Index/13724
Mehmet Gün to moderate "Managing the dispute" panel at GC Summit Turkey
"Mehmet Gün, our founding partner will be moderating the panel on ""Managing the dispute"" at GC Summit Turkey by The Legal 500 (Legalease) in Istanbul on Sep 26, 2019 with the panellists Emre Derman, Board member of Akbank and Turcas and Andrew Savage, Partner of McDermott Will & Emery. Click below for more information: https://lnkd.in/dFBXUp2"
Congratulations to Our Lawyers Recognized by WWL, They Have Listed Among the Best Lawyers in Their Expertise
Congratulations to our lawyers recognized by WWL, they have listed among the best lawyers in their expertise.WWL findings are based on recommendations and feedback from eminent private practitioners in the sector or industry in question as well as from corporate counsel or other clients who have worked closely with the nominees. Over the past 23 years, WWL is one of the most trusted resources for in-house counsel, government, agency and other legal practitioners seeking to…
Our 2022-2023 Legal Interns Joined Us
Congratulations and a warm welcome to our 2022-2023 legal interns!