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