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06 December 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.

20 November 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.  

25 October 2019

Technological developments widen scope of admissible evidence in opposition proceedings

In recent opposition proceedings, the Turkish Patent and Trademark Office has found that the trademark of a US burger chain was well known within the meaning of Article 6bis of the Paris Convention, even though it had not been used in Turkey.

01 October 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.

30 September 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.

12 August 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.

24 July 2019

Victory for Red Bull as trademark office refuses application for blue and grey colour mark

The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office has found that a colour combination mark for goods in Class 32 was confusingly similar to Red Bull’s colour and device marks.

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.

23 April 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.

08 April 2019

Constitutional Court weighs trademark rights against freedom of expression

Following an application by an individual, the Turkish Constitutional Court has considered whether the freedom of expression is violated by an order blocking the access to a website for an indefinite period of time. 

14 March 2019

Imprisonment for breaching injunctions is annulled by Constitutional Court

Turkey’s Constitutional Court has annulled the first sentence of Article 398(1) of the Code of Civil Procedure, which deals with disciplinary imprisonment for acting against a preliminary injunction.

21 February 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.

29 January 2019

Litigation procedures and strategies: Turkey

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.

14 January 2019

Mediation now mandatory for monetary-related IP disputes

Mediation is now mandatory in Turkey for actions relating to commercial receivables, which cover certain types of IP disputes. 

08 January 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.