2016.ANA METIN ingilizce.01

a person or an enterprise, that is irrelevant in relation to geographical

areas, culture or age, and which includes quality, assurance, and pro-

motion value among everybody without making distinction.

”

Within the scope of relevant advisory jurisdictions, and jurisdic-

tions of the Court of Cassation, the Turkish Patent Institute (“TPI”)

developed 17 measures to allow the identification of well-known trade-

marks that can be found on the web-site of TPI

. In accordance with all

of these identifications, to determine the reputation of a trademark, the

geographical area, the duration, and the capacity of usage, the degree

of knowledge or recognition of the trademark in the relevant public

sector, the target area of the trademark’s promotions, the duration and

capacity of promotions, the third-party recognition or awards of the

formal authorities proving the popularity of the trademark that expires

through time, and the economic value of the trademarks are essential.

As stated, above, each case must be examined separately.

The Protection of Well-Known Trademarks at Registration

Well-known trademarks are under the protection of general rules.

Within this scope, applications are examined by the TPI to the extent

of absolute grounds for refusal under Art. 7 of the Decree-Law, and rel-

ative grounds for refusal under Art. 8 of the Decree-Law, to determine

whether new applications abuse the rights of registered trademarks.

This examination is made by commissions that are formed by brand

experts of the TPI. In the event that the TPI determines absolute

grounds for refusal, such as trademarks that are identical, or which are

confusingly similar to a registered trademark, or those which were pre-

viously filed for registration in respect of an identical or confusingly

similar type of product or service, it will directly reject the application.

If the TPI does not ascertain absolute grounds for refusal, it pub-

lishes the application. The right holders of registered trademarks, or

those who filed for registration earlier, may object to the registration of

the published application within 3 months after the publication, claim-

INTELLECTUAL PROPERTY LAW

325

Decisions of the Assembly of Civil Chambers of the Court of Cassation, dated 21.9.2005 and

numbered 2005/11-476 E. 2005/483K. may be given as example in the relevant matter.

3CF89431CE1D.pdf (accessed on: 27.03.2015).