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Trademark Law in Turkey Key Developments and Predictions - 2022

In this year's report, we have compiled our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the course of the last year.

2021 has been a year during which the effects of the Covid-19 pandemic on business have started to fade away. Lockdowns and travel restrictions were lifted, and business reverted to normal to the extent possible by keeping best practices such as working remotely and meeting virtually.

The authorities and courts involved in registering and protecting the enforcement of trademarks have also started to resume their routine practice.

Turkish Patent and Trademark Office (“TURKPATENT”) continued its operations during the year without an interruption through its e-filing system called EPATS and its e-notification system called ETEBS while the employees have also started working from their offices.

The employees of enforcement authorities, the police, and customs officials have also returned to their usual by utilising digital means and other measures. However, while it was possible to file complaints and seek search and seizure decisions before the courts on duty, the unavailability of criminal judges and prosecutors, and the heavy workload of the police due to the pandemic, caused an issue for the brand owners combatting against counterfeiting. For these reasons, it was difficult to organise raid actions until recently.

Also, all courthouses continued to operate across the country. Oral hearings were held as usual during the year, and some courts expanded the practice of remote hearings.

This paper is a compilation of our articles on various topics of trademark law that we deem important for brand owners, which we have developed over the last year.

CONTENTS:

Jurisdiction in Online Infringement of IP Rights
Trademarks and Designs, 13.03.2022

Supervisory Power of the Court of Cassation
Trademarks and Designs, 12.03.2022

Dilemma Over Well-Known Trademark Registry Continues in Turkey
Trademarks and Designs and IP Prosecution, 11.03.2022

Is VR+ a Trademark or a Generic Name?
Trademarks and Designs, 10.03.2022

Turkish Patent and Trademark Office Updates Trademark Examination Guidelines
Trademarks and Designs and IP Prosecution, 09.03.2022

Non-Fungible Tokens (NFTs) and Trademarks
Trademarks and Designs, 08.03.2022

Leveraging Civil and Criminal Routes in Trademark Infringement Cases
Trademarks and Designs, 08.03.2022

Alternative Remedy for Anticounterfeiting: Complaint Before Advertisement Board
Trademarks and Designs, 08.03.2022

IP Rights Also Protect Public Health and Safety
Trademarks and Designs, 08.03.2022

The Role of Informed User and Freedom of Choice in the Assessment of Individual Character of a Design
Trademarks and Designs, 08.03.2022

Interviews

What Happens If a Registered Trademark Is Not Used in Turkey?

Recent Practice on Color Marks in Turkey

Boundaries of the Supervisory Power Granted to Court of Cassation - Focus on IP Decisions in Turkey

Compensation Claims in Trademark Infringement Cases in Turkey

Implementation and Updates of Mandatory Mediation for IP Related Monetary Claims in Turkey

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