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goods or services that are not similar to those for which the trademark
is registered, if one of the above-mentioned conditions, i, ii, iii exists.
In this case, a well-known trademark proprietor may require the prohi-
bition of facilities that are considered under Art. 9/2.
In addition, all of the trademark proprietors, without distinction
between well-known or normal trademarks that are registered in
Turkey, and the below-mentioned globally well-known trademarks not
registered in Turkey, shall initiate an invalidity case according to Art.
42 ff. of the Decree-Law. A registered trademark shall be declared
invalid by the court in cases that are considered under Art. 42, includ-
ing grounds for refusal regulated under Art(s). 7 or 8.
The Protection of Globally Well- Known Trademarks under
the Decree-Law
Although the protection of the Decree-Law is provided by regis-
tration, Art. 7/ı grants an exception to this regulation. According to this
Article, well-known trademarks within the meaning of Art. 6bis under
the Paris Convention (6bis) that have not been authorized by their pro-
prietors shall not be registered as trademarks. This grants to relevant
well-known trademarks a monopoly right without any local registra-
tion. Within this scope, the TPI examines applications before the exam-
ination commissions through its own data base. If the application is
similar to globally well-known trademarks, the TPI rejects the applica-
tion with regard to the absolute grounds for refusal, even though the
globally well-known trademark is not registered in Turkey. The fact
that the globally well-known trademark has a reputation in Turkey is
sufficient to benefit from this protection.
Art. 6bis is regulated such that the countries of the Union under-
take to refuse or to cancel the registration of a trademark which con-
stitutes an imitation liable to create confusion of a trademark consid-
ered to be well-known in that country and that is used for identical or
similar goods. Agreement on Trade-Related Aspects of Intellectual
Property Rights (“TRIPS”) Art. 16/3 amended 6bis. In accordance
with the amendment, 6bis shall apply, mutatis mutandis, to goods or
services that are not similar to those in respect of which a trademark is
registered, only if those goods or services would indicate a connection
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