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  • Article

    Turkish Court Of Appeal Rules On Abuse Of The Right To Sue

    In a recent case concerning trade mark law, the Turkish Court of Appeal ruled that even in cases of bad faith on the part of the defendant, the claimant can face the principle of loss of right due to silence ...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Turkish Court Of Cassation Rules In CERAN v CERAMO Case

    In a recent case, the General Assembly of Civil Chambers of the Turkish Court of Cassation ruled that although the defendant argued that the earlier trade mark CERAN originates from the word "ceramic"...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Turkish Patent And Trademark Office ("TPTO") Published The Application Data Related To 2023

    Application data for the year 2023 was recently announced by the TPTO. Cities with the most geographical indication applications in 2023 and their statistics were also announced.
    TurkeyIntellectual Property
    Esin Attorney Partnership
    Esin Attorney Partnership
  • Article

    TÜRKPATENT'in Vulcan Selamı Kararı, Marka Yayıma İtirazlarında Telif Hakkı Sahipliği İddiasının İncelenme Kriterlerine Tutulan Bir Işık…

    6769 sayılı Sınai Mülkiyet Kanunu'nun ("SMK") 6/6 maddesi uyarınca "Tescil başvurusu yapılan markanın başkasına ait kişi ismini, ticaret unvanını, fotoğrafını...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    The Turkish Customs Law Has Been Harmonized With EU Customs Law

    This October, some important changes were made to The Turkish Customs Code with the 5911 numbered Code and also the new Customs Regulation within EU harmonization.
    TurkeyInternational Law
    Moroglu Arseven
    Moroglu Arseven
  • Article

    PTO Confirms Similarity Of Virtual And Physical Goods In Landmark Decision

    In a decision issued on 31 March 2023 (which was subsequently finalised), following an opposition based on an earlier trademark owned by a company based in the United States...
    European UnionIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    A Trade Mark Or A Song? Turkish Court Of Cassation Casts Some Light On This Distinction

    Article 4 of the Law No. 6769 on Industrial Property indicates that sounds can be registered as trade marks if they are capable of being distinguishable...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    New Circular Improves Customs Protection Of IP Rights; Number Of Suspensions Increases Considerably

    The official system for the protection of IP rights by Turkish Customs requires that a single application – for each and every IP right – be filed before the General Directorate of Customs in Ankara ...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Turkish Constitutional Court Strikes Out Article 16(5) Of Trademark Decree Law As Unconstitutional

    In 2014, the Turkish Constitutional Court ("Constitutional Court") hit the headlines by cancelling several articles of the Trademark Decree Law numbered 556 ("Trademark Decree Law").
    TurkeyIntellectual Property
    Moroglu Arseven
    Moroglu Arseven
  • Article

    A Trademark's Battle: UGG Forced To Change Its Name

    In the highly competitive global marketplace, securing international trademark registration is of paramount importance for trademarks. Australian heritage boot manufacturer...
    GlobalIntellectual Property
    Destek Patent
    Destek Patent
  • Article

    A Brief IP Guideline For Start-Ups In Turkey

    Intellectual Property (IP) simply refers to the creations of human mind which include inventions, literary and artistic works, symbols, names and images used in commerce.
    TurkeyIntellectual Property
    Ozbek Attorney Partnership
    Ozbek Attorney Partnership
  • Article

    A New Era In International Trademark Registration: Turkey Brings The Madrid e-Filing Platform Into Service

    On November 19, 2021, the Turkish Patent and Trademark Office ("TURKPATENT") announced that the Madrid e-Filing system, for which it has been adapting its infrastructure for some time, was finally in service.
    TurkeyIntellectual Property
    CBC Law
    CBC Law
  • Article

    A Remarkable CJEU Decision Concerning The Registration Of Color Trademarks

    The request of appeal filed by Red Bull against the decision --- of the General Court of European Union which adjudicated the ...
    TurkeyIntellectual Property
    Grup Ofis Marka Patent A.S.
    Grup Ofis Marka Patent A.S.
  • Article

    Broad Trademarks Registered Without Intention To Use

    Filing trademarks on a broad list of goods and services without the intention to use is common practice in Turkey.
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Compensation Claims Against Bad Faith Trademark Registrations In Turkey

    In Turkish trademark law, generally a trademark cancellation (invalidation) takes effect retrospectively, as if the trademark was never registered at all.
    TurkeyIntellectual Property
    Moroglu Arseven
    Moroglu Arseven
  • Article

    Court Of Appeals Recognises Evidential Value Of Agreement Restricting Parties' Rights To Trademark

    Company B and the PTO appealed the decision before the Court of Appeals, requesting the reversal of the fırst-instance decision.
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Court Of Appeals: Target Consumers' Level Of Attention Rules Out Likelihood Of Confusion

    The Court of Appeals accepted the appeal and reversed the first instance decision.
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Court Of Cassation Issues Controversial Decision On Likelihood Of Confusion In Dispute Over Pharma Marks

    The Court of Cassation has upheld a decision of the Regional Court, confirming that the use of the trademark MIRADERM BATIMER infringed the plaintiff's...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    Court Of Cassation Puts An End To Long-Running Sheraton Dispute

    In 2015 the Turkish Court of Cassation (CoC) found that the trademark SOYIÇ HOTEL and device (depicted below on the left) was confusingly similar to Sheraton's well-known device mark...
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Article

    DELPHI v DEPLHI: PTO's Decision Sheds Light On Interpretation Of Bad Faith

    In a recent decision, the Re-examination and Evaluation Board (‘the board') of the Turkish Patent and Trademark Office (PTO) has found that the trademarks DEPLHI and DELPHI were similar and covered similar goods and services, and that the application for DEPLHI had been filed in bad faith.
    TurkeyIntellectual Property
    Gün + Partners
    Gün + Partners
  • Showing 321–340 of 1102 results

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