Turkey

Turkey implements plain packaging, Trump trademark spike, and INTA awareness call: news digest

In our latest edition, we look at the resolution of a trademark dispute between the Ramone family, brand loyalty rising, a vegan butcher taking on Nestlé at the USPTO, and much more.

Turkey implements plain packaging, Trump trademark spike, and INTA awareness call: news digest
8 Oct 2019

Retailers beware: use of ‘Black Friday’ or ‘Cyber Monday’ in Turkey requires careful thought

Black Friday and Cyber Monday are global events that allows brands to connect with customers, sell products on a mass scale and re-enforce brand identity. In this guest post Yasemin Aktas from Ofo Ventura warns that use of the terms in Turkey is not without risk.

30 Sep 2019

12 counterfeit hotspots in Turkey that rights holders must be aware of

In the next part of our regular series on marketplaces across the world that reportedly engage in the trade of counterfeit goods, we head to Turkey.

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16 Jan 2020

Turkey tackles online sales of counterfeit goods

According to the Customs Union Report (September 2019), fake and potentially dangerous goods worth nearly €740 million were stopped by various EU customs authorities in 2018. The number of interceptions of fake goods imported into the European Union increased as a result of the large volume of small parcels sent in the post. Read more

18 Dec 2019

Victory for Versace as design is rejected on the ground that it constitutes “unauthorised use of an IP right”

The Turkish Patent and Trademark Office has rejected a design application on the ground that it constituted an unauthorised use of Versace’s figurative trademarks under Article 67/2 of the Intellectual Property Code. Read more

9 Dec 2019

Litigation procedures and strategies: Turkey

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2 Dec 2019

Regulation on Intellectual Property Academy enters into force

The Regulation on the Intellectual Property Academy was published in the Official Gazette on 14 November 2019 and entered into force on the same day. The regulation is significant in that it establishes uniform rules in the fields of copyright and industrial property rights. Read more

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Anti-counterfeiting

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14 May 2019

Procedures and strategies for anti-counterfeiting: Turkey

According to Turkish legislation, it is possible to register IP rights (ie, trademarks, industrial designs, patents, utility models, copyrights, geographical indications, integrated circuit topographies and plant breeders’ rights) before Customs, as the crucial first step in the fight against counterfeiting. Read more

7 Dec 2018

Turkey plain packaging, WIPO praises Pakistan IPO and '.amazon' up in the air: news round-up

In our latest round-up, we look at a tussle over BRENT marks in Singapore, a "worrying trend" of retail fakes in Papua New Guinea, a new UK IP minister, and much more. Read more

9 Nov 2018

Rights holders beware: criminal raid action deemed to be act of unfair competition

In a ground-breaking decision, the Turkish Court of Appeals has held that a criminal raid action constituted an act of unfair competition and that the complainant should pay compensation to the defendant for damages incurred due to the raid. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: Turkey

The availability of preventive measures at Customs is vital in the fight against counterfeiting. In light of this, the Customs Code and the relevant customs regulations have been amended in line with TRIPs. Read more

Brand management

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15 Mar 2019

What Turkey’s domestic economic difficulties mean for brands and their advisers 

Political and economic circumstances have made it difficult for domestic brands to build value, which could prove to be a setback for future growth. However, this could also create opportunities for law firm practitioners. Read more

8 Jan 2019

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on 10 January 2017. According to the new law, both registered and unregistered design protection is available for new and distinctive designs. Read more

29 Aug 2018

How to avoid pitfalls in Turkey when it comes to dynamic marks

Fluid trademarks are fun and innovative marketing tools for brand owners, but as there is no express protection for such marks in Turkey, they can be legally unstable and vulnerable. Read more

29 Jun 2018

Criminal complications – Turkey’s counterfeiting challenge

Turkey is a tourist hot spot – but as the visitor numbers escalate, so too do the fake products. A good brand protection strategy can help to reduce the visibility of counterfeit products riding on the coattails of a trademark. Read more

Enforcement and litigation

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16 Jan 2020

Turkey tackles online sales of counterfeit goods

According to the Customs Union Report (September 2019), fake and potentially dangerous goods worth nearly €740 million were stopped by various EU customs authorities in 2018. The number of interceptions of fake goods imported into the European Union increased as a result of the large volume of small parcels sent in the post. Read more

18 Dec 2019

Victory for Versace as design is rejected on the ground that it constitutes “unauthorised use of an IP right”

The Turkish Patent and Trademark Office has rejected a design application on the ground that it constituted an unauthorised use of Versace’s figurative trademarks under Article 67/2 of the Intellectual Property Code. Read more

9 Dec 2019

Litigation procedures and strategies: Turkey

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20 Nov 2019

Foreign equivalent of geographical name may be registered if average public would not understand its meaning

In a victory for the Czech car manufacturer, the Re-examination and Evaluation Board has upheld Škoda Auto AS’s appeal against a decision of the Turkish Trademark and Patent Office refusing to register the mark SUEDIA for automobiles.   Read more

Goverment/policy

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26 Nov 2019

Turkey withdraws declaration made under Article 14(5) of Madrid Protocol

Following the withdrawal of its declaration under Article 14(5) of the Madrid Protocol, Turkey can now be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999 - the date on which Turkey joined the Madrid Protocol. Read more

7 Jan 2019

Turkish government introduces restrictions on use of trademarks on tobacco products

The control of tobacco consumption has long been one of the top priorities of the Turkish government. In November 2018 Law No 7151 entered into force, introducing new regulations regarding the packaging of tobacco products. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

5 Feb 2018

Use of emblem for GIs and traditional products now mandatory

Following the entry into force of a new regulation on January 10 2018, it is now mandatory to use an emblem on products protected by GIs and on traditional products. Read more

Law firms

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26 Jan 2018

Pharma brands warned not to be ‘trademark bullies’, Turkey on top, and world’s oldest mark: news round-up

We look at Turkey moving to the top of the European trademark filing league, Activision prevailing in a lawsuit in China, and a warning to pharma brands. Read more

IP offices

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17 Oct 2019

Patent and Trademark Office issues new guidelines for examination of trademark applications

Following the entry into force of the Industrial Property Code on 10 January 2017, the Turkish Patent and Trademark Office has announced the issuance of long-awaited new guidelines for the examination of trademark applications. Read more

21 Feb 2019

“We refer to this case as a hydra”: inside Harvard’s battle to protect its brand in Turkey 

Last month a Turkish court ruled in favour of Harvard University in a case centred on the unauthorised licensing of the Harvard name. The legal team behind the case speak to WTR and offer takeaways for trademark professionals. Read more

23 Jul 2018

New presidential government system brings changes to Patent and Trademark Office's legal framework

The adaptation of the Patent and Trademark Office to Turkey’s new presidential government system created uncertainty as to the legal basis for the office’s existence. However, Presidential Decree No 4 has now re-established the Patent and Trademark Office. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

Online

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1 Jan 2018

Turkey: Search engines yield mixed results on liability

Search engines offer wide-reaching advertising opportunities, but the law is patchy on where liability for use of metatags and keywords falls in a trademark infringement suit. Read more

Portfolio management

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23 Oct 2019

EBAY recorded as a well-known trademark in Turkey

Following an unfavourable first-instance decision, the Turkish Patent and Trademark Office Re-examination and Evaluation Board has recognised on appeal by eBay Inc that the trademark EBAY is well known in Turkey. Read more

15 Mar 2019

What Turkey’s domestic economic difficulties mean for brands and their advisers 

Political and economic circumstances have made it difficult for domestic brands to build value, which could prove to be a setback for future growth. However, this could also create opportunities for law firm practitioners. Read more

8 Jan 2019

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on 10 January 2017. According to the new law, both registered and unregistered design protection is available for new and distinctive designs. Read more

25 Oct 2018

Hope for Microsoft: opponent which filed new application for unused mark found to have acted in bad faith

In a dispute between Microsoft and a prominent grocery business in Turkey, the Turkish Re-examination and Evaluation Board has found that the grocery business had acted in bad faith by filing a new application for an unused mark. Read more

Trademark law

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1 Oct 2019

Procedures and strategies for pharmaceutical brands: Turkey

Several pharmaceutical trademarks exist that have not yet been put to use, mostly as a result of licensing problems, and are therefore vulnerable to non-use defence. Any opposition on the basis of such kinds of trademark can be overcome by non-use defence. Read more

12 Aug 2019

Court of Cassation issues long-awaited decision on non-use revocation actions

The Turkish Court of Cassation has considered for the first time the legal gap created by the annulment of Article 14 of Decree-Law No 556, which regulated the use requirement for trademarks. Read more

7 Aug 2019

Significant amendments to the Regulation on the Implementation of the Industrial Property Code

Important amendments to the Turkish Regulation on the Implementation of the Industrial Property Code were published in the Official Gazette on 8 July 2019. Read more

23 Apr 2019

Turkey trademark uplift, INPI announces Africa IP adviser, and China counterfeit crackdown: news digest

In our latest edition, we look at INTA and the National Trade Foundation for Education partnering up to spread the anti-counterfeiting message, a study highlights how brands need to showcase their authenticity, and much more. Read more

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