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ARTICLE · 07 MAY 2020

Trademarks With High Distinctiveness In Bad Faith Assessment

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CoA has emphasized in its decision dated 18.11.2019 (2019/359 E. and 2019/7279 K.) that the high distinctive character of the well-known trademarks should also be taken into account.

TurkeyIntellectual Property
Uğur Aktekin
Uğur Aktekin
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11th Civil Chamber of the Turkish Court of Appeals ("CoA") has set forth in its decision dated 18.11.2019 (2019/359 E. and 2019/7279 K.) that the later dated trademark application was filed in bad faith by taking into account the high level of recognition as well as the original and distinctive nature of the prior dated trademark which has no meaning.



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CoA has emphasized in its decision dated 18.11.2019 (2019/359 E. and 2019/7279 K.) that the high distinctive character of the well-known trademarks should also be taken into account when assessing the applications claimed to be filed in bad faith.

In the case between the parties; Plaintiff's attorney has requested and sued the annulment of the decision numbered 2015-M-12344 issued by The Turkish Patent and Trademark Office ("Office") the Re-examination and Evaluation Board ("REEB") and has requested the invalidity of the trademark application in case of registration by claiming that the "ANL CHOCO

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