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ARTICLE · 04 MARCH 2017

The Refusal Grounds For Trademarks

Deris Attorney At Law Partnership
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The Absolute Grounds and Relative Grounds for refusal provisions within the current Decree-Law No. 556 on the Protection of Trademarks...

TurkeyIntellectual Property
E. Kerim Yardimci
E. Kerim Yardimci
Gokcen Uzer Cengelci
Gokcen Uzer Cengelci
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Current Legislation

The Absolute Grounds and Relative Grounds for refusal provisions within the current Decree-Law No. 556 on the Protection of Trademarks, was mainly reflecting First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks.

Proposed Changes by the Draft IP Law

The draft introduced new ground for absolute refusal regarding "the registered geographical indications" and will entitle the Turkish Patent Institute to ex-officio refuse all indications that are composed of or containing "registered geographical indication".

Secondly, the "bad faith" has become a clear ground for relative refusal within the opposition proceedings.

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