2016.ANA METIN ingilizce.01

ing that their rights have been infringed according to the relevant

grounds for refusal as regulated under Art. 8 of the Decree-Law. The

process of objection is regulated under Art(s). 35, 36 and Art(s). 47 to

53 of the Decree-Law. In the event that the objections are accepted, the

application of the later trademark is rejected. Thus, the rights of regis-

tered trademarks are protected.

According to the Decree-Law, a trademark may be used for differ-

ent goods and services even though it is identical or similar to a regis-

tered trademark, or to a trademark with an earlier application date.

However, an exception is regulated under Art. 8/4 of the Decree-Law.

In addition to the above-mentioned rules, the well-known trademark

owners may object to new applications even if they are for use in con-

nection with goods or services that are not similar to those for which

the earlier trademark is registered. The well-known trademarks’ pro-

prietor may use this opportunity only if i) the use without due cause of

a trademark filed for registration would take unfair advantage of, ii) or

be detrimental to the distinctive character, iii) or reputation of the reg-

istered trademark. The similarity between well-known trademarks are

insufficient for the use of this objection right. The existence of at least

one of the above-mentioned conditions is required to prevent the reg-

istration

Rights Conferred to Well-Known Trademarks

The infringement of rights is regulated under Art. 61 ff. of the

Decree-Law. According to these provisions, proprietors of the trade-

marks may prevent only the infringements caused by other trademarks

that belong to the same classification, and which are registered in

Turkey

. Aside from these regulations, Art. 9/1/c of the Decree-Law

grants an exception for well-known trademarks. According to this pro-

vision, the proprietors of well-known trademarks that are registered in

Turkey shall be entitled to prevent third parties from using any symbol

that is identical or similar to the registered trademark in relation to

326

NEWSLETTER 2015

Decisions of the 11

Chambersof the Court of Cassation, dated 18.06.2008 and numbered

2007/5927 E., 2007/9302 may be given as example in the relevant matter.

For more information:

rights// (accessed on 27.03.2015).