Conditions Of Well-Known Trademark in The Turkish Law
The Turkish Law recognizes the status of “Well-known Trademark” under the Trademarks Law No. 556 and Paris Convention.
For being considered as a Well-known trademark, it is firstly required to apply to the Turkish Patent Institute (TPI) for the Status of Well-known Trademark.
In the request for reputation, it is vital to prepare the file very well in order to prove to be a Well-known trademark.
Number of countries where the trademark is registered, its commercial history and use, advertisements, fairs participated, Franchise contracts, advertising budget, decisions obtained from courts of Turkey or other countries etc. must be submitted in the file to be submitted to the TPI.
The criteria of the TPI for the status of well-known trademark are considerably similar to the WIPO criteria.
If the TPI accepts the request for the Status of Well-Known Trademark, it is registered with the Special Protected Trademarks registry in this case. If the TPI accepts the request for the status of Well-Known Trademark, it is registered with the Special Protected Trademarks registry. A positive result is get without any need for filing an action for the status of being well-known.
In practice, the TPI tends not to accept decisions for the status of being well-known directly but it positively responds applications for well-known trademarks which are considerably well-known and are formal.
The TPI rejects many applications with a request for the status of being well-known.
Following rejection decision of the TPI, an action must be filed before the competent courts in Ankara/Turkey for cancellation of the rejection decision of the TPI and issue of a decision of the Status of Being Well-Known.
Any actions for a decision of the Status of Being Well-Known, which are filed without application to the TPI, are rejected on the ground that formal conditions have not occurred.
The Court would consider if the trademark subject to application is well-known and conclude in accordance with the Trademark Law No. 556 Article 7/1-i, Paris Convention Art. 6bis, TRIPS Agreement Article 16 and WIPO Committee of Experts Joint Recommendation Resolutions dated 1999.
The decision to be issued by the court is registered with the “Special Protected Trademarks” registry of the TPI in accordance with the Decision on the Status of Being Well-Known”.
ELTUTAN Law & Patent Office
Eltutan Patent Office was established by attorney Murat Eltutan and his colleagues in İstanbul, Turkey in 1996.
Our firm provides legal services specializing in intellectual property law and Trademark- Patent- Industrial Design registration procedures for domestic and international clients.
Our firm performs protective law consultancy with its expert team members. Thus, it provides services while keeping our clients in a lawful and fair environment and maintaining their judicial safety.
We do not give legal service only after we encounter problems but we work in a way to foresee and prevent problems to emerge, and to give service of conciliatory consultancy.
You Can Consult Us for Your Clients’ Trademark, Patent, Industrial Design Registration Prodecures and Questions of Law in Turkey.
Attorney Emine Artar TURKISH – ENGLISH
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