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.
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.
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.
In a case which highlights the crucial importance of filing trademark infringement and unfair competition claims cumulatively, the Turkish Court of Cassation has considered that the use of a trademark on a book cover was a legitimate use. Read more
In this somewhat controversial decision, the Turkish Court of Appeals seems to have changed its approach to the role of weak trademarks in the assessment of confusing similarity. Read more
In a case involving the use of the same colour combination for confectionary products, a Turkish court has held that the use of identical colours or colour combinations is not in itself sufficient to cause unfair competition. Read more
A ruling by Turkey’s appeals court removes authority from the Re-examination and Evaluation Board for expanding the scope or the grounds of ex officio refusals issued by the Patent and Trademark Office. Read more
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
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
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
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
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
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
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
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
With millions of images shared online every day, striking a balance between the rights of the individual and freedom of expression is a complex task. Thankfully, various regulations can offer protection in the absence of specific publicity and image rights. Read more
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
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
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
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
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
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
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
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
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
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
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
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
Turkey will soon have a new system for registering and regulating ‘.tr’ domain names. Among many other changes, the ‘.tr’ Network Information System - or TRABIS - allows domain name sales transactions and it will be possible to use dispute resolution service providers. Read more
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
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.
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.
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
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
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
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
Turkey has no arbitral institutions that specialise in IP disputes. However, it is accepted that, regardless of their nature, trademark disputes that can be settled between the parties may be subject to arbitration. Read more
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