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ARTICLE · 24 JULY 2025

Courts Grant Broad Protection To Weak Trademark

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In a recent decision, the Court of Cassation has favoured the registrant of a weaklydistinctive sign in the similarity examination by ignoring the principle of the overallimpression created by the marks.

TurkeyIntellectual Property
Uğur Aktekin
Uğur Aktekin
Di̇lan Sıla Kayalıca
Di̇lan Sıla Kayalıca
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  • The Turkish courts have ruled in favour of the owner of a mark consisting of a very common expression
  • The courts found that, even though 'İyi Yaşam' is a common expression, the plaintiff's intensive use strengthened the distinctiveness of the mark
  • Arguably, such outcome is not in line with previous Court of Cassation decisions

In a recent decision, the Court of Cassation has favoured the registrant of a weaklydistinctive sign in the similarity examination by ignoring the principle of the overallimpression created by the marks.

Background

The plaintiff was the owner of the mark İYİ YAŞAM (meaning 'good/well life' in English),registered in Classes 3, 5, 9, 10, 14, 16, 21, 24, 25, 28, 29, 30, 31, 32, 35, 36, 37, 38, 41,43 and 44 since 2006. The plaintiff opposed the defendant's application for the markdepicted below ('İyi Yaşam Festivali' meaning 'Good/Well Life Fest') in Classes 35 and 41before the Turkish Patent and Trademark Office (PTO):

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