Non-Use Cancellation of a Trademark in Turkey: Administrative Revocation at TÜRKPATENT
Since 10 January 2024, a Turkish trademark unused for five years is revoked by TÜRKPATENT rather than by the courts. Article 26 of Industria…
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Trademark Opposition in Turkey: Deadline, Grounds, Defence
You have two months from publication to oppose a Turkish trademark application. How to file, which grounds succeed, and how to defend your o…
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Trademark Attorney in Turkey: When the Law Requires One and How to Choose
A Turkish trademark attorney (marka vekili) is a professional entered on the official register kept by TURKPATENT, authorised to represent a…
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Someone Registered My Trademark in Turkey: How Foreign Brand Owners Get It Back
Turkey is a first-to-file country, so a distributor, importer or a complete stranger can register your brand before you do. Opposition, bad-…
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Court Decision
26-Year-Old Brand's Designs Invalidated: Novelty and Individual Character Requirements Not Met
The registered industrial designs of a well-known bathroom furniture brand were invalidated after the defendant proved that similar visuals …
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Court Decision
One Day Earlier Wins: Filing Date Priority and Proof of Genuine Ownership in Trademark Law
Two competitors in the hearing aid sector filed for the same trademark one day apart. The court rejected the invalidation claim by evaluatin…
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Court Decision
Withdrawn Trademark Cannot Escape Infringement Liability: Court Awards 150000 TRY in Damages
Defendants who withdrew their trademark during proceedings could not escape infringement liability. The court ruled that using similar marks…
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Court Decision
Serial Registration of Famous Mark Identical Sign: Bad Faith and Full Invalidation
Bakırköy 1st IP Court invalidated four trademarks in classes 20 and 24 using the same sign as a well-known trademark, finding bad faith unde…
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Court Decision
Scope of Protection Decisive in Utility Model Infringement: Safety Lock Case
Bakırköy 1st IP Court dismissed a utility model infringement claim for a safety lock, finding the defendant's product outside both literal a…
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Court Decision
Celebrity Name Registered as Trademark: Bad Faith and Full Invalidation
Bakırköy 1st IP Court invalidated trademarks registered using a well-known artist's name, finding bad-faith stockpiling and extortion intent…
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Well-Known Trademark Protection in Turkey: Conditions, Scope and Legal Consequences
What is a well-known trademark in Turkey? Learn the legal conditions under SMK Article 6/4 and the Paris Convention, how cross-class protect…
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Court Decision
Invalidity Action Filed Six Years After Registration Barred by Limitation Period; Non-Use Cancellation Partially Granted
A media and publishing company sought both invalidation and non-use cancellation of a competitor's trademark. The court dismissed the invali…
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Court Decision
Expert Said Invalidate, Court Said Dismiss: Likelihood of Confusion Is a Legal Question for the Judge
An internationally recognized textile brand sued a competitor over its 'TST' trademark, seeking invalidation on grounds of similarity and ba…
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Court Decision
Glass Sector Competitor's Two Trademarks Invalidated for Likelihood of Confusion
A glass manufacturer holding earlier trademark registrations sought invalidation of a competitor's later-filed marks. The court found the ma…
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Court Decision
Can Generic Phrases Like '24/7' Give You a Trademark Monopoly? Court Finds No Confusion
Because the phrase common to the marks was a secondary element used by everyone in the sector, the Court of Cassation reversed the decision,…
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Court Decision
Suing the Wrong Party in a Trademark Cancellation Case: The 'Wrong Defendant' Trap
The claimant sued the company using the contested mark, but the mark was registered in the name of a different individual. The court dismiss…
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Court Decision
A Rival Registered Your Long-Used Design and Sent a Cease Notice? Court Cancels the Bad-Faith Design
A company that registered a long-used fabric pattern under its own name and then sent a cease notice to the genuine user lost its design: th…
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Court Decision
Can a Rival Lock Your Product on E-Commerce? Court Cancels a Bad-Faith Design Registration
A seller registered a long-public product as its own design and used it to freeze a competitor's e-commerce listings. The court found the de…
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