Background
A Turkish company operating in the pharmaceutical sector, which owns the registered trademarks BATIKAR and BATISOL in Class 5, filed an infringement action against a pharmaceutical company selling antiseptic disinfectants under the trademark MIRADERM BATIMER.
The plaintiff argued that the expression ‘batimer’ was similar to their BATIKAR and BATISOL trademarks, particularly due to the shared ‘bati’ element, and that there was a likelihood of confusion.
Decisions
In…
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The acts deemed as infringement of a trademark are listed under Article 29 of the Industrial Property Code No. 6769 (“IP Code”), and the claims that the right holders whose trademark rights have been infringed may request from the courts and that they may assert against the infringing party are detailed in Article 149 of the same Code.
Although it is possible for the right holder to assert the claims outlined in the Code against the infringing party as long as the…
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At the end of 2024, Turkish Patent and Trademark Office (“the Office”) made a significant move by publishing a revised communiqué on the classification of goods and services for trademark registration applications. The changes, which came into effect following their publication in the Official Gazette on 20 December 2024, align the Turkish classification system with the latest updates made to the Nice Classification. These revisions aim to make the trademark application…
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The well-known trademark registry of the Turkish Patent and Trademark Office (“the Office”) became a discussion topic after the Turkish Court of Cassation decided in 2020 that the Office has no authority to create and maintain a registry for well-known trademarks (see (Turkey well-known trademark registry is again open for debate)
First-instance intellectual property courts and regional courts of appeals adopted this decision immediately and changed their practice, while the…
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In accordance with Article 26 of the Industrial Property Law (“IP Code”) no. 6769, interested persons may request the Office to revoke a trademark pursuant to paragraph 2 of Article 26 and the decision for revocation of a trademark can be taken accordingly.
For a long time, the authority to revoke the trademarks belonged to the IP Courts as regulated by the former Decree Law no. 556 on the Protection of Trademarks. However, with the entry into force of the IP Code on January…
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Auto Spare Parts and Distribution Ecosystem
The automotive industry relies on highly technical products that do not reach end users directly. Instead, these products are distributed through dealers, service centres, mechanics, and authorised resellers, who play a critical role in ensuring that genuine products reach the end user. For instance, essential annual maintenance activities such as spare part replacement, oil refilling, and system updates are carried out by these…
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