Market Intelligence

Turkish trademark law practitioners face significant procedural challenges when challenging decisions of the Re-examination and Evaluation Board (YİDK), particularly when seeking both the cancellation of administrative decisions and the invalidation of registered trademarks. This article examines the legal complexities arising from combining these distinct legal remedies in a single proceeding, including issues of jurisdiction, party standing, and evidentiary scope.

Actions brought against decisions rendered by the Re-Examination and Evaluation Board (“Higher Board”) concerning trademark applications constitute an important part of Turkish trademark law practice. In practice, particularly in actions brought following the refusal of an opposition filed by the owner of an earlier trademark, it is common for plaintiffs to seek not only the cancellation of the Higher Board decision but also the invalidation of the trademark at issue if it is registered during the proceedings.

What happens when a trademark becomes so recognizable that it can be used to communicate a message beyond the goods or services for which it is registered?

Turkey protects trademarks, patents, utility models, designs and geographical indications principally under Industrial Property Law No. 6769. Copyright remains subject to the Law on Intellectual and Artistic Works No. 5846.

This article examines Turkish trademark registration and the continuing protection of brands owned by foreign businesses. It considers clearance searches, classification, application procedure, refusal, opposition, use requirements, cancellation, renewal and enforcement. The role of registered trademark agents and the choice between national filing and international routes are also addressed.

This article examines the protection of patents, utility models, designs, copyright and related commercial interests in Turkey. It considers territorial protection, filing routes, ownership, employee and commissioned works, licences, infringement, interim remedies, customs measures and the evidence needed for enforcement. The judicial authorities cited in the text illustrate the importance of identifying the particular right and the person entitled to enforce it.