Tuesday July 03
Introduction The Industrial Property Code no. 6769 (IP Code) entered into force on January 10 2017. It repealed and replaced the decree-laws on patents, utility models, trademarks and service marks, industrial designs and geographical indications. The IP Code, despite its essential changes, makes no clear…
Friday January 04
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,…
Monday March 04
As it is known that the studies concerning the transfer of the Geographical Indication Inventory to the Digital Platform had been conducting by Turkish Patent and Trademark Office (T.P.T.O.) for a while. After the project was completed by the T.P.T.O; the website of “www.ci.gov.tr” has…
Wednesday May 15
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…
Friday July 19
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…
Friday July 19
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…
Friday July 19
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…
Friday July 19
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…
Friday July 19
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…
Friday July 19
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…
Wednesday July 24
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…
Wednesday July 24
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…
Wednesday July 24
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.…
Wednesday July 24
(*) Turkey’s new Draft IP Law is before the Parliament Administrative Procedure for Cancelling a Trademark Registration Current Legislation The Turkish Patent Institute (T.P.I.) has no authority to cancel a registered trademark according to the current provision. Proposed Changes by the Draft IP Law The…
Wednesday July 24
(*) Turkey’s new Draft IP Law is before the Parliament The Refusal Grounds for Trademarks Current Legislation The Absolute Grounds and Relative Grounds for refusal provisions within the current Decree-Law No. 556 on the Protection of Trademarks, was mainly reflecting First Council Directive 89/104/EEC of…
Wednesday July 24
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…
Wednesday July 24
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,…
Wednesday July 24
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…
Wednesday July 24
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…
Thursday August 01
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.…
