Well-known Trademark Registry Is Again Open For Debate

In a recent decision that challenged long-standing precedents, the Court of Cassation has concluded that the Turkish Patent and Trademark Office ("Office") has no authority to create and maintain a registry for recording well-known trademarks.

The background of the case relies upon the fact that the plaintiff's application to have its trademark recorded as well-known was rejected by the Office's Re-examination and Evaluation Board ("Board"). The plaintiff filed a cancellation action against the Board's decision before Ankara Civil IP Court, which decided to partially accept the court action on the grounds that the plaintiff's trademark is well-known in the relevant business field. The decision was then appealed before the Ankara Regional Court of Appeals, but the appeal was dismissed. Following this, the Ankara Regional Court of Appeals decision was appealed before the Court of Cassation.