Turkish Higher Board Takes Different Approaches To Same Device Element In Separate Decisions

The Re-examination and Evaluation Board (the 'Higher Board') of the Turkish Patent and Trademark Office has found that, in addition to the similarity of the word elements in the trademarks under comparison, the presence of a device element similar to the opponent's trademark as actually used increased the likelihood of confusion.

Facts

On November 28 2016 and November 30 2016 two individuals applied to register the signs depicted below, both in Class 41.

Following publication in the Official Trademark Bulletin of the Patent and Trademark Office, the owner of an earlier registration for the word mark PELOTON in Classes 28, 38 and 41 in Turkey opposed both applications pursuant to Article 8/1(b) (likelihood of confusion), Article 8/4 (likelihood of damaging the well- known status of a trademark) and Article 35 (bad-faith filing) of the Decree-Law 556 on the Protection of Trademarks.