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ARTICLE · 29 MARCH 2016

Trademarks For The Pharmaceutical Sector In Turkey

Moroglu Arseven
Moroglu Arseven
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Despite the sector's special needs and characteristics, it is disappointing that the similarity examination for pharma trademarks is still not yet settled in Turkey.

TurkeyIntellectual Property
Işık Özdoğan, LL.M.
Işık Özdoğan, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
Ezgi Baklacı Gülkokar, LL.M.
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Pharmaceutical trademark owners consider many factors when selecting a trademark. As it assists consumers' decision-making process, a trademark often contains the product's International Nonproprietary Name (INN) code and refers to the indication or feature.

Regulatory requirements also apply when selecting a trademark. Despite the sector's special needs and characteristics, it is disappointing that the similarity examination for pharma trademarks is still not yet settled in Turkey.

In recent years, the Appeal Court and the Turkish Patent Institute (TPI) have at times applied a two-stage reasoning process during similarity examinations on pharma trademarks:

(1) The consumers of the intended trademarks (doctors and pharmacists) pay a high level of attention; and

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