Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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Turkey

09 MAY 2024

How the concept of the relevant consumer could shift in the metaverse under the Turkish classification system

While revised guidelines from the Turkish Patent and Trademark Office aim to distinguish between types of consumers when it comes to buying goods and services, the metaverse raises questions about how to apply the guidance to classes of products and trademarks in the virtual space.

11 JANUARY 2024

Cancellation actions could surge as TÜRKPATENT and Court of Appeal remain at odds over acquired rights principle

Decisions from the Turkish Court of Appeal and the Turkish Patent and Trademark Office highlight practical differences between the two organisation’s processes. It is crucial for rights holders to understand these differences in order to best strengthen claims going forward.

31 AUGUST 2023

Turkish government increases fees and VAT rates for IP services

Companies and foreign rights holders must review their budgets and financial strategies to effectively accommodate changes to official fees and VAT rates. Adapting to these revised increases will help businesses to ensure compliance and avoid any potential penalties.

29 JUNE 2023

TURKPATENT sheds a new light on ‘immaterial details’ following syringe design appeal

In reversing its initial rejection of a syringe design, TURKPATENT has signalled a new approach to assessing design novelty. The decision shines a spotlight on the complexity of immaterial details and the importance of defining them due to their potential impact on a design’s identity and expression.

18 MAY 2023

Supreme Court disregards tradition of cumulative protection for trademarks in pharmaceutical case

The Supreme Court’s momentous ruling on a dispute over a pharmaceutical trademark disregards the cumulative protection for marks established in previous legislation, separating protection from unfair competition provisions and eschewing well-worn precedent.

23 MARCH 2023

TÜRKPATENT follows Nice Classification for marks covering new technology

In contrast to the EUIPO and USPTO, which have both published rigorous guidelines for the classification of trademarks on goods and services related to the metaverse, NFTs and other virtual goods, TÜRKPATENT is yet to officially update its official classification system to take account of the latest developments.

10 NOVEMBER 2022

Turkish trademark office indicates it will begin accepting cancellation requests from 2024

With 13 months to go, excitement is brewing around the long-awaited implementation of a 2017 proposal for cancellation requests to be heard centrally at the Turkish Patent and Trademark Office instead of at the local level.

14 JULY 2022

TÜRKPATENT now a participating office in WIPO’s Digital Access Service

At the request of applicants, trademark filers in Turkey will be saved from tedious admin work as the country’s IP office can now exchange priority documents electronically with other participating offices.

07 JULY 2022

Netflix animated ident logo becomes the first multimedia mark to be registered in Turkey

IP legislation that came into effect in 2017 broadened the criteria for aspects of signs that can be registered as trademarks. With Turkey’s IP office leading the way by recently granting non-conventional marks to Netflix, multimedia marks are expected to feature widely in the country’s IP landscape.

03 JUNE 2021

No contribution to the invention? No utility model protection in Turkey – the rules explained

Utility model protection is an attractive option for inventions with obvious technical solutions. However, applicants must be aware that both non-technical features and technical features without a technical effect will be excluded from the novelty assessment.

05 NOVEMBER 2020

Recent access block to non-party oppositions in accordance with Turkish Personal Data Protection Law

The new Personal Data Protection Law has blocked public access to Turkish Patent and Trademark Office opposition petitions and created a new requirement for applicants to hire a local Turkish representative for international registrations.

04 JUNE 2020

Covid-19 update – suspension of legal terms in court proceedings and compulsory official filings in Turkey

A rundown of the latest coronavirus-related news in the Turkish IP sphere.

23 APRIL 2020

Turkish Patent and Trademark Office holds seminar on plain packaging and its impact on registered trademark rights

The Turkish Patent and Trademark Office’s seminar titled the “Implementation and Global Status of Plain Packaging of Cigarettes and The Relationship Between the Implementation of Plain Packaging and Registered Trademark Rights” provides an insightful overview of plain packaging regimes around the world and raises some interesting questions about the fate of registered marks following amendments to Turkish legislation.

16 APRIL 2020

Covid-19 update – suspension of legal terms in court proceedings and compulsory official filings in Turkey

A rundown of the latest coronavirus-related news in the Turkish IP sphere.

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