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with the proprietor of the registered trademark and the interests of
the proprietor of the registered trademark are likely to be damaged by
such use.
These provisions appear in two different regulations in Turkish
legislation. 6bis is regulated as absolute grounds for refusal, TRIPS
16/3 is regulated as relative grounds for refusal. Therefore, there are
different aspects and applications regarding the application of Art. 7/ı.
Pursuant to one aspect, since TRIPS 16/3 amended 6bis, the TPI shall
examine absolute grounds for refusal within the scope of different clas-
sifications, as well regarding globally well-known trademarks.
Pursuant to the other aspect, the TPI shall limit the absolute grounds
for refusal with the first version of 6bis, and the examination, within
the scope of TRIPS16/3, shall occur in the event of an objection. In
practice, the TPI does not consider different classes of goods and ser-
vices while examining applications.
Conclusion
Creating a trademark provides the stability of quality standards of
the goods and services in addition to consumers’ trust. As a result, the
reputation – and, directly in line with this - the income, increase. The
intention to benefit from this popularity without providing any contri-
bution cannot be accepted. The above-mentioned regulations aim to
create a system that protects intellectual property rights, locally and
globally, by intervening unfair advantages and reputation losses of the
well-known trademarks. To realize this purpose, the TPI must work
prudently, and the proprietors of well-known trademarks must be
aware of their rights, and react immediately in the event of an abuse.
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