The Turkish Court of Appeals has recently upheld a decision of Istanbul’s second IP court involving the well-known trademark ROBERTO CAVALLI. In its decision of January 24 2006 (Cases 2004/650 E and 2006/7 K), the Istanbul Second IP Civil Court determined that the trademark ROBERTO CAVALLI, as well as being the name of a famous fashion designer, is a well-known trademark, and thus ordered the nullification of the trademark CAVALLI and other marks incorporating the word…
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In what may turn out to be a landmark decision, the Re-examination and Evaluation Board of the Turkish Patent Institute (TPI) has overturned a first instance decision and has allowed the registration of a three-dimensional device mark in the shape of an open book (Case 2006/05170, May 23 2007). Previously, the TPI has been very reluctant to allow the registration of three-dimensional marks.
Société des Produits Nestlé SA (Nestlé) applied for the registration of the mark for…
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The Court of Appeals has been rejecting defendants' claims that their goods were merely in transit or that national laws do not apply to products seized in the free trade zone. Instead, the court now treats transit counterfeiters like any other counterfeiters.
The court first ruled against transit counterfeiters in 2004. In the most recent decision on this issue (Case 2005/5247 E, 2006/5336 K, May 8 2006), the court has supported its hardline approach by holding that since…
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The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute against a decision of the Ankara IP Court to allow the registration of a three-dimensional shape for chocolate packaging (Case 2007/1444 E, 2007/4132, March 8 2007).
Ferrero SpA filed an application to register the packaging of its Ferrero Rocher chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification.
The institute’s Trademarks Department Directorate…
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Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification.
The TPI Trademarks Department Directorate rejected the application on the grounds that the packaging is descriptive of the goods in the application list and should be open for use by the public.
On appeal, Ferrero contended that:
the packaging is distinctive enough to be registered as a trademark, even for…
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The Turkish Court of Appeals has dismissed an appeal filed by the Turkish Patent Institute (TPI) against a decision of the Ankara IP Court to allow the registration of the three-dimensional shape for chocolate packaging (Case 2007/1444 E. 2007/4132, March 8 2007).
Ferrero SpA filed an application to register the packaging of its FERRERO ROCHER chocolates as a three-dimensional mark for goods in Class 30 of the Nice Classification.
The TPI Trademarks Department Directorate…
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