Nullity of Patent

26.09.2011 No Comment by

A registered patent can only be declared null by competent court. Nullity refers to invalidation of a registered patent after it is understood that such patent is not fulfilled conditionswhich set out in the law. The circumstances in which the patent shall be rendered invalid are set out in the article 129 of the Decree Law on [...]

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Usurpation of Design Right

26.09.2011 No Comment by

Pursuant to the article 13/1 of the Decree Law no 554 on the Protection of Industrial Designs (EndTasKHK), if the actual design right has been the subject of application by someone other than the real owner of the right of design or has been registered on behalf of someone other than the rightful owner, the [...]

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Unregistered Designs

26.09.2011 No Comment by

Before adoption of Protection of Industrial Designs Decree, legal protection of designs related to the appearance of products used to be guaranteed by provisions regarding unfair competition. Today, in principle, the design protection is established by registration. However, if design right based on the use of the  design without registration. General provisions, particularly provisions and [...]

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Well-Known Trademarks In The Context Of Paris Convention

26.09.2011 No Comment

According to the 1st duplicated article 6 of the Paris Convention, to which our country is a contracting party, parties of the convention have agreed to prevent registration of a well-known trademark in the name of a third person. There is a difference between the concept of well-known trademark and a well-known trademark under the [...]

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Well-Known Trademarks

26.09.2011 No Comment

Trademarks are signs used to distinguish goods of a company from others. The most fundamental feature of the mark is its distinctiveness. Even a trademark which is used for the first time has a certain distinctiveness. However, the marks selected may extend to wide masses within time and gain fame in the sector or the [...]

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Tradename and Trademark

26.09.2011 No Comment

Variosu distinguishing signs are used in the commercial life. The most important of them are tradenames, business titles and trademarks. A tradename is the name used by the merchant while performing procedures regarding its commercial enterprise and signing any bonds and other documents related to such procedures. Accordingly, the function of the commercial title is [...]

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Nullity of Trademark

26.09.2011 No Comment

Nullity of the trademark  terminates the trademark holder’s right on the trademark. Following decision on nullity and deletion from the trademark registry at the end of the litigation, TPI shall delete the record of the trademark in the registry. A finalized decree on nullity shall be binding not only for parties of the action but [...]

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Risk Of Confusion Among Pharmaceutical Trademarks

26.09.2011 No Comment

The article 8/1 (b) of the Decree Law on Trademarks (MarKHK) stipulates that confusingly similar trademarks which shall be used in association with the same or similar products cannot be registered in case of objection. Although it is the general view that the most important two factors in comparison of similarity in the view of [...]

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Priority On The Trademark

26.09.2011 No Comment

The principle of registration has been adopted by the Decree Law no 556 on Protection of Trademarks. Yet, although the principle of registration has been adopted, our system is closer to the utilization system due to exemptions brought. The Court of Appeal also accepted actual ownership of trademark which based on earlier use in trade. [...]

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Importance of Trademark Registration

26.09.2011 No Comment

For protection in terms of MarKHK, the trademark is to be registered according to the provisions of the decree law at Turkish Patent Institute (shall be referred to as TPI). With the registration, the title on the trademark is announced to third persons. A mark which is registered or subject to an application for registration [...]

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