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Turkey Withdraws Declaration Made Under Article 14(5) of Madrid Protocol

WIPO has received a communication from Turkey withdrawing its declaration under Article 14(5) of the Madrid Protocol As of 18 October 2019, Turkey can be the subject of a subsequent designation in respect of international registrations effected before 1 January 1999 It is believed that this development may result only in a slight increase in the number of designations under the Madrid Protocol Turkey joined the Madrid Protocol on 1 January 1999. Since then, it has been… »

Could Use of a Registered Trademark Cause Infringement?

Upon enactment of the new IP Code, which abolished Trademark Decree Law no. 556, the precedent of the Court of Appeals ruling no trademark infringement due to use of a registered right changed. The Istanbul District Court of Appeals affirmed this approach in its decisions. The new IP Code no. 6769 introduced an important change to Turkish trademark law with its article 155 ruling that “a trademark, patent or industrial design holder cannot rely on its registered right as a… »

Insurance Sector in Progress

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Insurance sector, with its non-penetrated potential, has long been considered as one of the prospective vanguards of the economy. The latest developments signify these high hopes held for the insurance market and its contributions. Turkish government has an objective to be the 10th biggest economy in the world by 2023, aiming to generate US$2 trillion worth of gross national product.[1] In line with this objective, the government has the insurance sector, among others, in its… »

Some New Regulations Brought by the Judicial Reform Package

The first step has been taken towards the judicial reform, which has become a hot topic recently. With the Law No. 7188 on Making Amendments to the Code of Criminal Procedure and Certain Laws (“Law No. 7188”) dated 17 October 2019, which took effect with its promulgation in the Official Gazette No. 30928 of 24 October 2019; critical amendments have been made particularly with regards to the criminal procedure. Among these amendments, the ones which are considered to affect… »

Turkish Patent and Trademark Office Published the New Trademark Examination Guideline

Turkish Patent and Trademark Office (“the Office”) published The New Trademark Examination Guideline (“Guideline”) on September 30, 2019. The guideline defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of Industrial Property Code (“the IP Code”) that came into force in 2017. The Guideline aims to update the previous guideline which was in force since 2011, clarify the principles of absolute grounds for refusal that… »

Foreign Equivalent of Geographical Mame May Be Registered If Average Public Would Not Understand Its Meaning

The Trademark and Patent Offi ce refused to register Škoda Auto AS’ mark SUEDIA for automobiles on absolute grounds The Re-examination and Evaluation Board found that, although the term ‘Suedia’ means ‘Sweden’ in Romanian, such meaning would not be readily perceived by the average Turkish consumer This decision adopts a broader interpretation of distinctiveness for marks that include a geographical name in a language that is not widely known to the relevant public A recent… »

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