Mutlu Yıldırım Köse and Begüm Soydan
report on a case in Turkey concerning the registration of the trade
mark Clindoxyl and its use to threaten infringement proceedings
against the genuine right holder, in which the courts
protected the rightful owner and invalidated the bad faith
registration.
Background
The dispute concerned the bad faith registration of a trade mark
that had previously been registered in Türkiye in the name of
Stiefel Laboratoires, Inc., an affiliate of GlaxoSmithKline Plc,
the global pharmaceutical group (GSK).
GSK had been commercially using the Clindoxyl trade mark since
2010 in Türkiye, particularly in connection with acne
treatment products, with a valid marketing authorisation from the
Turkish Ministry of Health.