In trademark law, the existence of distinctive character is one of the main criteria for the registration of a trademark, and the overall impression of the trademarks and the elements they contain should be examined in detail when evaluating the likelihood of confusion between trademarks. In cases conducted by the European Union Intellectual Property Office (“EUIPO”), it is mentioned that, in addition to the distinctive elements of a trademark, the low distinctive elements…
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On February 25, 2025, the Court of Justice of the European Union (CJEU) rendered a groundbreaking judgment in the patent infringement case between BSH Hausgeräte GmbH and Electrolux AB, marking a significant ruling not only in Europe but worldwide. This decision is expected to pave the way for the expansion of jurisdiction in patent cases in EU member states and increase competition among courts in the international arena.
The dispute was brought before the CJEU as a…
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The plaintiff, which has been using PETSHOP as a non-registered trademark since 2008, sought the invalidation of PETSHOP for “musical instruments” in Class 15
The IP Court denied the plaintiff’s claims based on its earlier rights in the non-registered mark since the plaintiff’s earlier use did not relate to Class 15 goods
However, the court concluded that the defendant’s PETSHOP mark had been filed in bad faith
A recent case involving the mark PETSHOP reflects the common…
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Would you like to hear more about the chef’s recommendation? First, as a starter, some background information will be provided on a trademark dispute in Turkey that has a culinary theme, with the following steps taken at the administrative stage:
The owner of the above-left trademark opposed a third-party application for the above-right trademark before the Turkish intellectual property office, by addressing the entire coverage of the filing under the Nice Classification…
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To address the challenges arising from the obligation to make payments in Turkish Lira in sale of goods contracts, which are frequently encountered in commercial life, an amendment was made in 2022 to the Communiqué on the Decree numbered 32 Regarding the Protection of the Value of the Turkish Currency (the "Communiqué"). This amendment allowed the contract value to be paid in foreign currency for certain movable sale contracts, except for vehicle contracts, concluded between…
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The case involved a well-known clothing retail company’s blue-and-white colour combination mark, which was opposed by a cosmetics company
The courts found that the colour combination lacked distinctiveness for the relevant goods and services
The case highlights the PTO’s role in examining colour combinations based on absolute grounds during ex ofcio proceedings
Under trademark law, distinctiveness is essential for a mark to function as a source identier, especially when it…
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