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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In cases of online infringement of industrial property rights, various actions can be pursued, including civil actions, criminal actions, preliminary injunctions, and notice-and-takedown procedures. Possible ways of enforcement against online infringement is shown below:
The legal basis of trademark infringement is regulated under Articles 7 and 29 of the Intellectual Property Code (IP Code). Article 29 of the IP Code states that imitating a trademark or using a mark that is…
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For the first time in Turkey, the IP law enacted in 2017 introduced an administrative revocation procedure before the Turkish Patent and Trade Mark Office. However, to ensure a smooth transition, its implementation was delayed until 10 January 2024.
Previously, actions for revocation of trade marks based on non-use were filed as a court action before the specialized IP courts.
As of 10 January 10 2024, the Office has become responsible for handling revocation requests.…
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The Advertisement Board (“Board”), during their meeting dated 12 March 2024 and numbered 343, examined websites that require membership as a pre-condition for making purchase on the website. As part of this examination, the Board assessed whether any additional personal data, beyond the mandatory and necessary information for the purchase process, was requested from consumers, whether the conditions for unsubscribing were more difficult compared to the methods specified for…
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The implementation of Article 26 of the Industrial Property Code no. 6769 (“IP Code”) establishing the administrative revocation of trademarks was postponed for 7 years as of the entry into force of the IP Code on January 10, 2017. As of January 10, 2024, the Turkish Patent and Trademark Office (“the Office”) started to accept revocation requests as “preliminary applications” due to the absence of the secondary regulation for the implementation of the administrative…
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The Regulation Amending the Insurance Agencies Regulation (the “Amendment Regulation”) was published in the Official Gazette on January 22, 2025, and has entered into force on the same date.
The Regulation, which introduces significant provisions for insurance agencies, includes noteworthy updates particularly regarding minimum capital requirements, technical personnel qualifications, and operational obligations. The key highlights of the Amendment Regulation are as…
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According to the first paragraph of Article 5 of the Communiqué on Share Buybacks No. II-22.1 (the “Communiqué”), a share buyback program can only be approved by a general assembly resolution. However, an exception to this rule is provided in the fourth paragraph of the same article, which states that a share buyback program may also be approved by a board of directors resolution without the need for a general assembly resolution, in order to avoid an imminent and serious…
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