Update On The Well-Known Trademark Registry Debate In Turkey

The well-known trademark registry of the Turkish Patent and Trademark Office (the 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 (see Turkey: Well-known trademark registry is again open for debate).

First-instance intellectual property courts and regional courts of appeals adopted this decision immediately and changed their practice, whereas the Office has maintained its registry for recording well-known trademarks.

General Assembly decision

In a decision dated February 1 2023 and numbered 2023/83 E. 2023/7 K., the General Assembly of the Court of Cassation ruled that even though the Office created a registry to record trademarks that 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 proven in each case as it is not a