Trademark Law in Turkey Key Developments and Predictions - 2020

In this year's report, we focus on the eight main challenges encountered in the interpretation and implementation of key changes introduced by the IP Code.

Trademark law has continued to evolve at a slow pace within the course of the last year, while January, 2020, marks the completion of the third year of Industry Property Code No. 6769 (“the IP Code”).

The Turkish Patent and Trademark Office (“TÜRKPATENT” or “the Office”) issued guidelines in an aim to bring clarity on absolute grounds examination, and a new guideline is to be announced within the first half of 2020. The decisions of TÜRKPATENT in opposition and appeal phases are now more predictable in cases where a non-use defence has been introduced. A new software, EPATS, has been adopted very recently by TÜRKPATENT, which requires all transactions to be made electronically. It is hoped to provide assistance to practitioners in their prosecution of applications, and in reviewing the file histories of trademarks.

The guidance of the Court of Appeals for various new rules introduced by the IP Code has not been available, as most of the cases decided under the IP Code have yet to come before the Court of Appeals, due to the length of the court proceedings. However, the first instance courts thoroughly implement those new rules in which there is no ambiguity, including non-use defence, and register use defence in infringement actions.

This paper covers issues regarding implementation of some of the new rules introduced by the IP Code, such as loss of right due to acquiescence and registered use defence in infringements, as well as recent case law regarding the concepts that remain the same or similar under the IP Code, such as the scope of protection of weak trademarks and the genericide of trademarks.

CONTENTS:

Loss of Right Due to Acquiescence in Infringement
Trademarks and Designs, 17.04.2020

Protection Scope of Weak Trademarks
Trademarks and Designs, 17.04.2020

Accuracy Assessment on Decisions of the Office
Trademarks and Designs, 17.04.2020

Registered Use Defense in Infringement Actions
Trademarks and Designs, 17.04.2020

Avoiding Genericide of a Trademark
Trademarks and Designs, 17.04.2020

The Impact of Non-Use Defence in Criminal Cases
Trademarks and Designs, 17.04.2020

Recent Practice on Color Marks in Turkey
Trademarks and Designs, 17.04.2020

The New Trademark Examination Guideline
Trademarks and Designs, 17.04.2020

Scope of Protection of Weak Marks in Turkey
Trademarks and Designs, 12.03.2020

NEWS AND EVENTS

Webinar: The Effects of COVID-19 on Anti-counterfeiting Activities in EMEA Region
Anti-Counterfeiting and Trademarks and Designs, 22.06.2020

Webinar: Trademark Protection in Europe During COVID-19 – Asia-Pacific Session
Trademarks and Designs, 19.06.2020

Webinar: Trademark Protection in Europe During COVID-19
Trademarks and Designs, 16.06.2020

Webinar: Key Developments and Predictions for Trademark Law in Turkey - 2020 With a Focus on the Impacts of the COVID-19
Trademarks and Designs, 12.05.2020

Webinar: World IP Day – Conversation on Impact of COVID-19 on IP
Intellectual Property, Patent and Utility Models and Trademarks and Designs, 24.04.2020

Key Contacts

Barış Kalaycı

Barış Kalaycı

Güldeniz Doğan Alkan

Güldeniz Doğan Alkan

Hande Hançar

Hande Hançar

Mutlu Yıldırım Köse

Mutlu Yıldırım Köse

Uğur Aktekin

Uğur Aktekin

Zeynep Seda Alhas

Zeynep Seda Alhas