In a somewhat controversial decision (Case 2019/5262 E, 2020/3449 K, 2 July 2020, recently published), the Court of Appeals(11 Chamber) has considered the likelihood of confusion between short trademarks.
Background
The case was led before the Ankara Second IP Court (Merits No 2017/139 E, 2017/411 K) by a famous clothing company, Koton Mağazacılık Tekstil Sanayi ve Ticaret Anonim Şirketi (‘Koton’), the owner of the distinctive logo depicted below:
Koton requested the…
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Government bodies have introduced progressive measures and restrictions to minimise the COVID-19 pandemic's negative impact on employment and sustain employment relationships. One of the most significant arrangements in this respect is the termination prohibition. However, mutual termination agreements have become a point of contention in light of this prohibition as they are unregulated under Turkish law.
Termination prohibition
On 17 April 2020 the Law on Minimising the…
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With three very recent Presidential Decrees published in the Official Gazette (31343) dated 23 December 2020 and the Official Gazette (31350) dated 30 December 2020:
the terms set out for termination ban and unilateral unpaid leave, which were to expire by 17 January 2021, have been extended until 17 March 2021, and
In regard to short-time working practices implemented in scope of COVID-19:
the term set out for the short-time working allowances granted to workplaces which…
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The law amending the Law No. 5651 on the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts ("Law No: 5651") known as Social Media Law in Turkey was published in the Official Gazette on July 31, 2020 and became effective as of October 01,2020. Information and Communication Technologies Authority (ICTA), as the competent authority, published the secondary regulation providing further clarification on October 02, 2020. The newly…
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On 17 November 2020, the Turkish Medicines and Medical Devices Agency announced (Turkish language) that physical promotional materials could be provided during visits to physicians, dentists and pharmacists, on their request, in accordance with hygiene rules. A prohibition on physical promotional materials being provided by promotion representatives during visits to physicians, dentists and pharmacists was introduced by the Agency on 5 June 2020 as part of its actions aimed…
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The first instance Civil Court for Intellectual and Industrial Rights (IP court) in its decision rendered in October 2020 pointed out that the use of the subject mark as a domain name solely is not deemed sufficient to prove the use of the mark as a trademark.
The decision concerns a revocation action due to non-use filed against a trademark which has been registered for more than five years, but has not been used properly and effectively on the relevant services within the…
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