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Turkey

United States slides, Germany continues to rule: counsel rate court systems across the globe

Despite being key litigation battlegrounds, counsel confidence in the court systems of China and the United States remains shaky. 

United States slides, Germany continues to rule: counsel rate court systems across the globe
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.

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.

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10 Oct 2018

Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

The General Assembly of the Turkish Civil Court of Appeals has held that an agreement restricting the use of a mark can later be relied on to prevent the registration of that mark.  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

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

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

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Anti-counterfeiting

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18 May 2017

Procedures and strategies for anti-counterfeiting: Turkey

Turkey is a party to most international IP-related treaties, including the Agreement on Trade-Related Aspects of Intellectual Property Rights, which aims to harmonise the legal framework for anti-counterfeiting and anti-piracy. Turkey’s new IP Code entered into force on January 10 2017 upon its publication in the Official Gazette. The new law amends decree-laws pertaining to the protection of trademarks, patents, geographical indications and industrial designs, unifying them into a single code. Read more

28 Nov 2016

Turkey introduces customs training seminars

Due to its location in the worldwide trade route, Turkey has a vital role in the fight against counterfeiting. The European Union and the Turkish government are therefore working together to increase training for Turkish customs officials and are looking to involve IP rights holders wherever possible. Read more

Brand management

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1 May 2018

Turkish licensees’ obligation to use

Rights holders can significantly benefit from a proficient licensing agreement, provided that both parties uphold their end of the bargain. Depending on the type of agreement, licensees must fulfil various obligations before they can reap the rewards of a well-established trademark. Read more

1 Mar 2018

Turkey welcomes letters of consent

Pursuant to the new Industrial Property Law, similar or identical trademarks will no longer be considered absolute grounds for refusal if applicants submit a letter of consent for use from the prior owner. Read more

Enforcement and litigation

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10 Oct 2018

Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

The General Assembly of the Turkish Civil Court of Appeals has held that an agreement restricting the use of a mark can later be relied on to prevent the registration of that mark.  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

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

13 Feb 2018

New circular improves customs protection of IP rights; number of suspensions increases considerably

A new circular, published by the Ministry of Customs and Trade to remedy a gap in the system for the protection of IP rights by Customs, has allowed right holders to combat counterfeiting more effectively. Read more

Goverment/policy

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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

23 Nov 2017

New TPTO guidelines on proof of use

The new Turkish Industrial Property Law entered into force in January 2017. It introduced guidelines for providing proof of use in oppositions, providing that where an opposition is based on similarity claims and where a trademark has allegedly been registered for more than five years, an applicant can demand that an opponent provide proof of use of the trademark or give good reason for non-use. Read more

9 Nov 2017

Bad-faith decisions upheld by Turkish Court of Appeal

In two recent decisions the Turkish Court of Appeal has upheld that a distributor acted in bad faith by trying to obtain the trademark of a genuine rights holder, and that if an applicant is aware of the trademark of the genuine owner, it must also be deemed to have acted in bad faith. After the IP Code entered into force in January 2017, the principle regarding bad faith is now one of the relative grounds for refusal. Read more

3 Jul 2017

New code of conduct for trademark attorneys enters into force

The Turkish Patent and Trademark Office recently published the Regulation on the Code of Conduct and Discipline of Patent Attorneys and Trademark Attorneys, with the aim of regulating the rules and procedures applicable to the conduct of patent and trademark attorneys and the Disciplinary Board of Patent and Trademark Attorneys, among other things. Read more

IP offices

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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

31 Oct 2017

Proof of Use Guidelines updated

The Turkish Patent and Trademark Office (PTO) published the Proof of Use Guidelines in April 2017 after the non-use defence was enacted by the new Industrial Property Code 6769. The PTO recently issued an updated version of the guidelines in order to clarify the use and functions of this new procedure. Read more

21 Mar 2016

New Draft Industrial Property Code unifies previous laws in single code

The new Draft Industrial Property Code was circulated for a period of consultation which finished on March 4 2016 and is expected to be sent to the Council of Ministers within the next few weeks. Read more

18 Mar 2016

Official Trademark Bulletin now published twice a month

The Official Trademark Bulletin will now be published twice a month. This change is expected to require a much stricter follow-up of the bulletin and the legal opposition deadlines in order to avoid the possible loss of rights due to the increased frequency of publication. 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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1 May 2018

Turkish licensees’ obligation to use

Rights holders can significantly benefit from a proficient licensing agreement, provided that both parties uphold their end of the bargain. Depending on the type of agreement, licensees must fulfil various obligations before they can reap the rewards of a well-established trademark. Read more

12 Mar 2018

Turkish Higher Board takes different approaches to same device element in separate decisions

In two cases involving the figurative marks PELOTON ISTANBUL and CLUB PELOTONIST and the earlier word mark PELOTON, the Re-examination and Evaluation Board has reached similar conclusions but followed very different approaches. Read more

1 Mar 2018

Turkey welcomes letters of consent

Pursuant to the new Industrial Property Law, similar or identical trademarks will no longer be considered absolute grounds for refusal if applicants submit a letter of consent for use from the prior owner. Read more

11 Dec 2017

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on January 10 2017. However, the registration processes for national and international applications filed before the new law’s entry into force must be finalised within the scope of the previous Decree-Law 554. According to the new law, both registered and unregistered design protection is available for new and distinctive designs. Read more

Trademark law

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23 Apr 2018

Court of Appeals: target consumers' level of attention rules out likelihood of confusion

In a landmark decision, the Turkish Court of Appeals has held that the level of attention of the target consumers plays a significant role in the assessment of the likelihood of confusion. Read more

18 Apr 2018

SARAY POPPY decision: a new approach to likelihood of confusion and vested rights?

The Turkish Court of Appeal has upheld the striking decision of the Civil IP Court in the SARAY POPPY case, finding 'pop' and 'poppy' to be similar, even though they are generic. Read more

4 Apr 2018

Victory for Red Bull: IBEX figurative mark rejected on appeal

The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has found that the figurative mark IBEX was confusingly similar to the earlier figurative mark RED BULL.   Read more

29 Mar 2018

Court of Appeal: 'stick' and 'stix' are distinctive for Class 30 goods

In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods. Read more

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United States slides, Germany continues to rule: counsel rate court systems across the globe

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Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

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Procedures and strategies for anti-counterfeiting: Turkey

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

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Criminal complications – Turkey’s counterfeiting challenge

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Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

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

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

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Criminal complications – Turkey’s counterfeiting challenge

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Fernanda Ortiz Monasterio
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Mexico City, Mexico
Ortiz Monasterio Marcas y Patentes, SC
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