Introduction
The Code of Civil Procedure (6100) regulates preliminary injunctions in Turkey. According to Article 389 of the code, courts may grant a preliminary injunction if:
serious damage might occur to the applicant because of a delay; or
it would be impossible or difficult to obtain rights due to changes in the current situation.
In its April 27 2012 decision (E. 2012/5543, K. 2014/4817), the First Civil Chamber of the Court of Cassation defined a ‘preliminary…
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Owner of STICK and STIX marks opposed registration of figurative mark and design containing ‘sticks’
IP Courts found no likelihood of confusion and that ‘stick’ is descriptive
Court of Appeal disagreed in somewhat unusual decision
In two recent decisions (Merit No 2016/2525, Decision No 2017/4913, dated October 2 2017; and Merit No 2016/2484, Decision No 2017/4777, dated September 27 2017), the 11th Chamber of the Court of Appeal has dismissed decisions of the first…
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Red Bull opposed registration of figurative mark IBEX based on figurative mark RED BULL
Board found that there was likelihood of association/confusion
Opposition was upheld for goods in Class 30 and Class 32
The Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (TürkPatent) has found that the application for the figurative trademark IBEX was confusingly similar to the figurative trademark RED BULL and, therefore, could not be registered for…
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Unlike many countries, Turkish trade mark law has had a rule since 1995 that a senior tradegistration or application identical or indistinguishably similar to a junior trade mark application can be raised as an absolute ground for refusal if the goods/services are also identical or of the same type. The Turkish Industrial Property Code (the IP Code), which entered into force on January 10 2017, softened this rule, and in cases where an applicant submits anotarised document to…
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The Law on Amendments to the Enforcement and Bankruptcy Law and Other Laws, which was published in the Official Gazette no. 30361 and entered into force on March 15, 2018 (“the Amendment Law”), amends particularly Enforcement and Bankruptcy Law and other laws such as Law on Collection Procedure of Public Receivables, Law on Notifications, Law on Fees, Law on Cooperatives, International Arbitration Law, Law on the Establishment, Duties and Jurisdiction of First Instance…
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New legislation came into force in January 2018 that will require employees to submit to mediation before commencing most employment-related claims.
The Labor Courts Act No. 7036 (Act) aims to ease the judiciary’s workload and accelerate the judicial process in employment cases. The most significant changes include the following:
Mandatory mediation is introduced for both employers and employees prior to initiating lawsuits.
There is a new obligation on courts to provide…
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