Insights
Similarity of Short Trademarks: Patent and Trademark Office Deviates From Practice in Groundbreaking Decision
Minor alterations were previously considered sufficient for consumers to distinguish between short marks The PTO recently held that the word mark M + PLUS was similar to the opponent’s series of earlier M marks The office diverged from standard practice in a decision that focused on the overall impression made by the marks on consumers Background When the Turkish Patent and Trademark Office assesses whether two signs are confusingly similar under Article 6/1 of the… »
New Law on E-Commerce Obliges Platforms to Remove Infringing Content
A new law (No 7416) regarding e-commerce ― announced in the Official Gazette dated 7 July 2022, and coming into effect 1January 2023 ― will oblige sites to take down a product if they receive a legitimate complaint arguing that there is a violation ofintellectual and industrial property rights on their platform. The basic regulation concerning the responsibilities of e-commerce sites regarding the content that they host was included inLaw 5651 on the Regulation of Internet… »
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.… »
News and Events
Güldeniz Doğan Alkan Is Talking About the Supervisory Power of the Turkish Court of Cassation, with a Special Focus on IP Matters
After the entry into force of the ternary judiciary system, the role of the Turkish Court of Cassation should be to act as a court of precedents and have an examination limited to legitimacy. In our video Güldeniz Doğan Alkan is talking about the supervisory power of the Turkish Court of Cassation, with a special focus on IP matters. Further details are available in our thought leadership paper.…
Webinar: World IP Day - Conversation on Significant Role of IP on SMEs' Growth: The Story of WeWALK
Güldeniz Doğan Alkan from Gün + Partners and Kürşat Ceylan from WeWalk discussed the significant role of IP on SMEs’ growth: the story of WeWalk. https://youtu.be/n9IKxDlT3CY
Turkey Legal Update October edition published
"The October edition of Gün + Partners Turkey Legal Update, which aims to brief our community and clients about legal developments in Turkey, is launching today. This month we provide legal updates on arbitration with Turkish parties based on contracts that are not written in Turkish, penalty clauses in fixed term employment contracts, Courts of Appeal’s recent decision on determination of non-infringement actions regarding patent rights, and recent decision on having…
Mehmet Gün spoke about managing the dispute at GC Summit Turkey
Mehmet Gün, our founding partner moderated the panel on "Managing the dispute" at GC Summit Turkey by The Legal 500 (Legalease). Emre Derman, Board member of Akbank and Turcas and Andrew Savage, Partner of McDermott Will & Emery accompanied him on the panel.
Barış Kalaycı Spoke at the Transparency International Turkey Meeting
Barış Kalaycı, partner in our anti-counterfeiting practice, spoke on trademark crimes and money laundering at the Combatting Illicit Trade and Informal Economy Report Launch Meeting by Transparency International Turkey.
Euromoney's Benchmark Litigation 2022 Rankings Announced
We are proud to be listed as top tier firm and our founding partner Mehmet Gün is recognized as the litigation star of 2022 in Turkey by Euromoney's Benchmark Litigation. Benchmark Litigation recognises the most distinguished law firms and lawyers for their dispute resolution work over the past 12 months. https://benchmarklitigation.com/NewsAndAnalysis/Benchmark-Litigation-Europe-2022-law-firm-and-lawyer-rankings-are-now-live/Index/7676
Özge Atılgan Karakulak, Was the Trainer of “Patent Litigation Workshop in Turkey” at IP Camp 2022
Özge Atılgan Karakulak, partner in our patent and utility models practice, was the trainer of “Patent Litigation Workshop in Turkey” at IP Camp 2022. IP.CAMP is the leading training event in the field of Intellectual Property Management and Licensing that is organized by LES-Turkey since 2014. With increasing attention to strategic patent portfolio management, IP.CAMP 2022 is intended to focus on comprehensive cases as follows: Program
Webinar: The Importance of Judicial Training in Protecting The Rule of Law
On 6 July 2022 Better Justice Association (BJA) hosted a webinar on "The importance of judicial training in protecting the rule of law". Mehmet Gun, founder of BJA and Gün + Partners, was joined by leading scholars in this field from Cambridge University and Oxford Brookes University to discuss the training and development of judges, compare different approaches from around the world and consider the role of judicial training in protecting the rule of law.
Güldeniz Doğan Alkan ve Zeynep Çağla Üstün Patent Vekilliği Genel Yeterlik Sınavları 2. grup eğitimi verdi
"Fikri Mülkiyet çalışma alanı ortak avukatımız Güldeniz Doğan Alkan ve avukatımız Zeynep Çağla Üstün, Patent ve Marka Vekilleri Derneği (PEM) tarafından düzenlenen ""Patent Vekilliği Sınav Öncesi Ankara 2. Grup Eğitimi""nde sınavın “hukuk” bölümüne ilişkin konuları anlattılar. Patent Vekilliği ve Marka Vekilliği Genel Yeterlik Sınavları 16 Kasım, Cumartesi günü yapılacaktır. Sınava girecek adaylara başarılar dileriz."
We Defined Our Vision for the Next 10 Years by Mutual Agreement of All Our Colleagues and Employees
We are delighted to have achieved the goal that we envisaged in 2013. Since then, both Turkey and the world have undergone great changes. Despite the challenges that we have faced, we have grown and prospered. Thanks to our institutional structure, management systems, business methods and processes, as well as our inhouse technology, GÜNCE, we are successfully overcoming the difficulties brought by the pandemic. For everybody, it is now time to redefine the future…
We Are Registered for INTA's 2022 Annual Meeting Live+
Our firm will be represented by our partners Barış Kalaycı, Hande Hançar, Uğur Aktekin, Zeynep Seda Alhas and Director Pinar Arikan at the INTA's 2022 Annual Meeting Live+ in Washington, D.C., U.S.A. Please contact gun@gun.av.tr if you wish to meet with them. https://www.inta.org/events/2022-annual-meeting/
Begüm Yavuzdoğan Okumuş and Hande Hançar Spoke at TÜSİAD SD² Webinar
Begüm Yavuzdoğan Okumuş and Hande Hançar, partners of our TMT practice spoke at the "Legal Issues to be Considered in Cooperation of Technology User & Technology Supplier" webinar organized by TÜSİAD SD². TÜSİAD SD2, an initiative of Turkish Industry and Business Association, is the first comprehensive program in Turkey, created with the theme of “Digital Transformation in Industry” and bringing technology users and technology suppliers together. Gün + Partners is the…