Recent Update On Well-Known Trademark Protection In Türkiye

Well-known trademark registry of the Turkish Patent and Trademark Office ("Office") became a discussion topic after the Turkish Court of Cassation decided in 2020 that the Office has no authority to create and maintain a registry for well-known trademarks. (Turkey well-known trademark registry is again open for debate)

First instance IP courts and regional courts of appeals have adopted this decision immediately and changed their practice, whereas the Office has continued to maintain its registry for recording well-known trademarks.

In one of its decision rendered in 2023 (dated February 1, 2023 and numbered 2023/83 E. 2023/7 K.), which the authors were made aware of recently, the General Assembly of the Court of Cassation ruled that even though the Office created a registry to record the trademarks which are well-known according to its examination, it is not entitled to create such a registry under existing laws and the well-known status of a trademark should be