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IP Office of Singapore postpones IP Week; 3M files more lawsuits; registrations rise in Turkey – news digest

In our latest round-up, we look at the Uzbekistan IP Office warning of a rise in fraud, the Korean and Saudi IPOs pledging better cooperation, four ‘.brands’ preparing to exit, and much more.

27 Feb 2020

Most TikTok influencers at risk of brand infringement; urged to consider trademark protection

TikTok has become a global phenomenon over the past 12 months, but research from WTR reveals that the vast majority of the platform's most popular content creators have taken no steps to protect their brand assets.

6 Dec 2019

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.

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23 Sep 2020

Against the odds: the fundamentals of design protection in Turkey

Although registered and unregistered designs enjoy various forms of protection in Turkey, in practice, the hurdles to obtain such rights can be difficult to overcome, meaning manufacturers – especially in the spare parts industry – should consider alternative solutions. Read more

22 Sep 2020

Legitimacy of Turkish PTO’s registry of well-known trademarks thrown into doubt

Following a decision of the Turkish Court of Appeals earlier this year, the future of the registry of well-known trademarks, which is managed by the Patent and Trademark Office, is hanging in the balance. Read more

18 Aug 2020

District Court upholds foreign mark owner’s opposition based on ‘genuine right ownership’ ground

An opposition on the ground of genuine right ownership under Article 6/3 of the Intellectual Property Code requires, as a rule, evidence showing the effective and earlier use of the mark in Turkey, but can also be supported by additional grounds, such as bad faith. Read more

28 Jul 2020

Turkish Court of Appeal considers mandatory mediation requirement in disputes containing both monetary and non-monetary claims

Mediation became mandatory for monetary-related commercial disputes from 1 January 2019. However, the practical impact of this change had remained unclear, especially in cases including both monetary and non-monetary claims. The Court of Appeal recently shed some light on this issue. Read more

Anti-Counterfeiting

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6 Jul 2020

Can we overcome counterfeiting without tackling the mindset behind it?

Trademark owners have a mountain to climb if they want local judges to grant orders to seize counterfeit goods in Turkey. Things are better at the border, but changes to judicial processes are required. Read more

23 Apr 2020

Procedures and strategies for anti-counterfeiting: Turkey

Turkey is a party to a number of international conventions, including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Berne Convention. Read more

17 Mar 2020

Trademark procedures and strategies: Turkey

The processing time from initial filing to registration of national applications is approximately six to eight months in case of no office actions or oppositions. Read more

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

Brand management

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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

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. 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

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

Enforcement and Litigation

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8 Jun 2020

Good news for owners of IR designations as Trademark Office changes its practice in opposition proceedings

A recent change in practice at the Turkish Patent and Trademark Office puts an end to the difference in treatment between national designations of international registrations and national applications in opposition proceedings. Read more

28 May 2020

Impact of covid-19 pandemic on grace periods and obligation of use

This update considers the impact of the covid-19 pandemic on the grace periods set forth by the Turkish Industrial Property Code, and examines whether the restrictions imposed by the government may constitute a justified reason for non-use of a trademark. Read more

15 May 2020

Court of Cassation reopens debate on recordation of well-known trademarks

In a decision that challenges longstanding precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office has no authority to create and maintain a registry for the recordation of well-known trademarks. Read more

11 May 2020

Court of Appeal: plaintiff lost its right to claim trademark infringement due to silence

In a case involving several MESA marks, the Turkish Court of Appeal has confirmed that the signs and businesses of the parties were similar, but concluded that the plaintiff had lost its right to claim trademark infringement due to its longstanding silence. Read more

Government/Policy

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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

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

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

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

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

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.

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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

10 Mar 2015

ALIPAY case highlights efficiency of 'two-way campaign' in domain name disputes

A recent case involving a globally-known Chinese e-commerce company has illustrated the effectiveness of a ‘two-way campaign’ in disputes involving ‘.tr’ domain names: the company opposed the trademark application filed by the owner of the disputed domain name and simultaneously filed a complaint before Nic.tr.

27 Sep 2013

New dispute resolution policy for '.tr' domain names

The Communiqué on the Operation of the Dispute Resolution Mechanism Relating to Internet Domain Names has been published in the <i>Official Gazette</i>. The communiqué introduces Dispute Resolution Service Providers and a system to resolve domain name disputes via arbitration. However, certain aspects of the communiqué raise some questions.

18 Sep 2013

New regulation on '.tr' domain names comes into force

The Information and Communication Technologies Authority has issued a Communiqué on Internet Domain Names, which aims to regulate procedures and principles for registry agencies and for domain names registrations. The most significant change is that it will be possible to register domain names for which documentation is currently required without the need to provide any documentation.

Portfolio Management

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29 Apr 2020

Court of Appeal grants protection to relatively weak mark in questionable decision

A recent decision of the Turkish Court of Appeal shows that there is no established approach to weak trademarks. Read more

16 Mar 2020

Court of Appeal reverses own decision in WING CHUN case

In an action for the invalidation of the mark WING CHUN (a traditional Southern Chinese close-range combat style), the Turkish Court of Appeal has reversed its own opinion and held that the mark should be invalidated for some services in Class 41. 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

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

Trademark law

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9 Dec 2019

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23 Sep 2020

@WTRmagazine RT @AlYafiIPGroup: “Beirut will rise again” – exclusive interview with Head of Lebanon IPP ofﬁce https://t.co/hpmDyQlAnV Read more

18 Sep 2020

@WTRmagazine RT @balashiha_org: Gross Domestic Failure – Banksy trademark portfolio “at risk” after registration ruled invalid https://t.co/yH2ptmMUBr h… Read more

18 Sep 2020

@WTRmagazine RT @IPScott_BFKNLaw: #LionelMessi scores #EUTrademark #Messi, attempted block by Spanish cycle & sportswear company #Massi. How likely are… Read more

17 Sep 2020

@WTRmagazine This is the moment the recent Beirut explosion hit the Lebanon IP Office. "When the blast occurred that night, I r… https://t.co/Z29e1TsQ18 Read more

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Saar Gershoni

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Ramat Gan, Israel

Gershoni & Co

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Turkey

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