Oct 2019
Rights to cartoon/fictional characters may exist under trademark law as well as under copyright law. Yet, this article aims to analyze the protection applied to the characters under trademark law. The trademark protection for cartoon characters are not specifically described in the Turkish Industrial Property…
Jul 2019
It is widely accepted that smart phones and lately tablets and of course smart watches are an indispensable part of our lives. But one of the main reasons why smart phones are so much a part of our lives is mobile applications. As a matter…
Feb 2019
The popularity of e-commerce websites has been growing in recent years. It is absolute that the reason for this popularity is that the consumer may reach all the same and different kind of goods provided by different companies. Furthermore, from the perspective of companies, these…
Jan 2019
The Federated Register is one of the services of the European Patent Office that provides information regarding the legal status of European patents after the grant procedure. It is launched in 2015 and available at the Patent Register (epo.org/register). Currently, 34 member states (AT, BE,…
Jul 2018
We wish to report on the latest developments regarding the situation of the Turkish Patent & Trademark Office (TürkPatent) and of the profession of Patent and Trademark Attorneys on the basis of 3 texts published in the Official Gazette. 1 - Decree-Law No. 703 (by…
Apr 2018
The new Turkish IP Code no. 6769 (“IP Code”), which is now in force for almost more than a year, introduced the possibility for the trademark applicants to put forward the non-use claim as a defense and the possibility to settle the opposition via mediation.…
Aug 2017
Turkey has a new IP Code in force since 10 January 2017 containing provisions regarding the profession of Patent and Trademark Attorneys. An (ad hoc) regulation in force since 18 May 2017 and issued on the basis of the new IP Code establishes the code…
May 2017
Turkey – Patents – Changes in the legislation and practice affecting the requirement and declaration of use and compulsory licence The new Turkish Code of Industrial Property (Law on Industrial Property) No. 6769 repealing the former Decree-Laws on Patents/Utility Models, Trademarks, Designs, Geographical Indications has…
Dec 2016
The Turkish Parliament enacted new IP Law by December 22, 2016. The Law will enter into force once it is approved by the President and published in Official Gazette. Here are some major changes proposed by the new Law: Patents/Utility Models A Totally New Stage…
Dec 2016
The Turkish Parliament enacted a totally new IP Law by December 22, 2016. The Law will enter into force once it is approved by the President and published in Official Gazette. Here are some major changes proposed by the new Law: Trademarks Colors, Motion and…
Dec 2016
Summary The Higher Council of the Turkish Patent Institute has determined in a very recent decision dated September 20, 2016 (Decision No. 2016-M-9078) that trademarks composed of "Descriptive terms + distinctive figurative elements" are eligible for registration and established a three question test for registrability…
Oct 2016
Summary The Higher Council of the Turkish Patent Institute has determined in a very recent decision dated 22 August 2016 (decision no: 2016-M-8281) that re-filing of a trademark subject to a cancellation action cannot be deemed as good faith, moreover the prior registration shall not…
Jul 2016
In contrast to practice before the Turkish Patent Institute (TPI), the European Patent Office (EPO), the Korean Intellectual Property Office (KIPO), and the World Intellectual Property Organization (WIPO), which do not require any disclosure of known prior art for a patent application filing of first…
Jun 2015
The whole thing goes: The future’s not set. There is no fate but what we make for ourselves.* What is the most private place in your life? Your bedroom? Your e-mail or social media accounts? What about your car, pharmacy in your neighbourhood, your back…
Mar 2015
On March 10, 2015, a federal jury of the Los Angeles Federal Court ruled that similarities existed between “Blurred Lines”, written by Robin Thicke and Pharrell Williams, and Marvin Gaye’s 1977 hit “Got to Give It Up”, and Thicke and Williams were ordered to pay…
Aug 2014
Patent and trademark attorneys are divided into two groups in terms of their being attorneys-at-law or not. Patent and trademark attorneys registered in the bar as attorneys-at-law Patent and trademark attorneys who are not attorneys-at-law It should be indicated that about 60% of the patent…
Oct 2002
Article 13 of the Decree Law no.556 on “Exhaustion of the Rights Conferred by a Registered Trademark” reads in its first paragraph that “The acts related with a product bearing the registered trademark shall not constitute a breach of the rights of a registered trademark,…
Jul 2002
In the absence of any patent protection in Turkey, it is only possible to take a legal action on the basis of unfair competition according to the general Unfair Competition provisions of the Turkish Code of Commerce where the concerned products are being offered for…
May 2002
The notice registration is not mandatory in Turkey since the Decree Law no.556 on Trade/Service marks does not contain any provisions pertaining to the marking requirements. Therefore, the marking of the articles and/or the packaging in that the concerned trademark is registered is not compulsory…
