The Turkish Court of Appeal and TÜRKPATENT’s diverging practices when it comes to implementing the acquired rights principle is a controversial issue. While TÜRKPATENT strives to harmonise its decisions with that of the Court of Appeal, it is critical for rights holders to consider this issue when asserting an acquired rights claim, even during the administrative proceedings. This is especially because, as of 10 January 2024, cancellation actions are now initiated before TÜRKPATENT as administrative proceedings and differing practice between these two bodies puts acquired rights claims at risk. You may read more through my article here: https://lnkd.in/dT_Nhnah #Türkiye #TurkishPatentandTrademarkOffice #TÜRKPATENT #courtofappeal #trademarkexaminationguideline #industrialpropertycode #decreelaw #IP #intellectualproperty #trademark #acquiredright #acquiredrightprinciple #criteriaforacquiredright #seriesmark #controversialissues #non-use #actualuse #serioususe #longtermuse #registration #similarity #likelihoodofconfusion #unfairadvantage #dispute Stock Intellectual Property Services A.S. World Trademark Review
Merve Macit’s Post
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Important news from the intellectual property front! Our very own Merve Macit from Stock Intellectual Property Services A.S. has authored an insightful article on World Trademark Review Titled "Cancellation actions could surge as TURKISH PATENT AND TRADEMARK OFFICE and Court of Appeal remain at odds over acquired rights principle," this piece delves into the complexities of Turkish trademark law and its recent developments. Merve's expertise shines as she navigates the evolving landscape of acquired rights and the implications of differing practices between TÜRKPATENT and the Court of Appeal. This is crucial reading for anyone involved in trademark protection and intellectual property in Turkey. At Stock, we are committed to staying at the forefront of IP trends and legal changes, ensuring our clients are well-informed and protected. Let's continue to inspire, enrich and elevate the world of IP! #TrademarkLaw #IntellectualProperty #TurkishLaw #LegalInsights #StockIPServices #inspire #enrich #elevate
Cancellation actions could surge as TÜRKPATENT and Court of Appeal remain at odds over acquired rights principle
worldtrademarkreview.com
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The protection of unregistered trademarks is a crucial aspect of intellectual property law, especially when disputes arise over branding similarities between businesses. Recent legal developments emphasize the importance of safeguarding goodwill and preventing public deception, even in the absence of formal trademark registration. Read more: https://lnkd.in/g4E937nb #UnregisteredTrademark #TrademarkProtection #IntellectualProperty #GoodwillProtection #BrandingDisputes #ConsumerTrust #FairCompetition #IPLaw #LegalInsights #KSK
Unregistered Trademark Protection: Emerge Classes v. Kashmir
ksandk.com
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"Unlocking the Secrets of Trademark Registration in Cyprus!" 🛡️ Dive into the legal intricacies of protecting your brand with our latest article. Learn how to navigate the Cyprus trademark registration process and safeguard your intellectual property. Stay ahead of the game and secure your brand identity today! #yiorkaslaw #Trademark #CyprusLaw #BrandProtection"
REGISTER A TRADEMARK in CYPRUS
https://yiorkas.law
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Finally the regulation giving the cancellation authority of the trademarks to Turkish Trademark Office (TPTO) came into force on 10 January 2024 and will be valid for the cases which will be filed starting as of this date. TPTO is the sole authority as of 10 January 2024 regarding the cancellation actions and starting from this date, it is no more possible to file them before the Local Courts in Türkiye. Still, the decisions of TPTO related to cancellation actions (like all the decisions of TPTO) can be appealed before the Local Courts. However, this new regulation will have no impact on the pending cases already filed before the Local Courts and they will be heard till the end before the Civil Courts of Intellectual and Industrial Property Rights. Once the Case is concluded, the Local Courts will send the final decision to TPTO ex officio. On the other hand, this regulation scopes only the cancellation actions and the invalidation actions will continue to be filed before the Local Courts. Unfortunately, today the detailed information regarding this administrative way, such as the fees for filing the cancellation actions, approximately how long the procedure will take, by which Commission the cases will be held etc., is unclear. For the moment it is only possible to file a cancellation action on TPTO’s web page as a “pre-application” without making a payment. Updates will follow!
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{An Exclusive Article }: Trademark Exclusivity: An Analysis Navantak Agrawal, Associate at S&A Law Offices, discusses trademarks, emphasizing that they distinguish goods and services, granting exclusive usage rights and protection against infringement to registered proprietors. Section 17(2)(b) of the Trademarks Act, 1999, clarifies that common or non-distinctive parts of a trademark do not confer exclusive rights. To claim exclusivity, parts of the mark must either be separately registered or have acquired distinctiveness. Link to read full Article : https://lnkd.in/dFiN3EWw #NavantakAgrawal #LegalArticle #SandALawOffices #LegalEra
Trademark Exclusivity: An Analysis
legaleraonline.com
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The evolution of trademark cancellation and revocation procedures https://lnkd.in/egpCUJyc Florina Firaru of NNDKP considers the latest updates of the law from Romania. #trademark #cancellation #revocation #nndkp
The evolution of trademark cancellation and revocation procedures | IP STARS
ipstars.com
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Upon examining trademark applications, national trademark offices in the EU may refuse to register a sign that is contrary to “public policy” or “accepted principles of morality”. In an effort to further harmonise the practices of the Member States’ Intellectual Property Offices on this somewhat lesser-known absolute ground of refusal, the EU Intellectual Property Network has issued a dedicated “Common Practice”. Read more on our current blog post at: https://lnkd.in/dqrRtF6V #EUIPN #CommonPractice14 #Trademarks
New 2024 Trademark Guidelines on morality and public order in the EU
lexdellmeier.com
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🚀 Genericide Series Spotlight: The Murphy Bed Story 🛌 In this latest blog post Michael Jones explores the intriguing case of the "Murphy Bed," showcasing how unique functionality can lead to a trademark becoming generic. This piece highlights the fine line between widespread product success and the risk of genericide in trademark law. Discover the full story and its implications for trademark protection strategy here - https://lnkd.in/e3VnXU7i #TrademarkPolicing #TrademarkLaw #MurphyBed #IntellectualProperty #ProductInnovation #BrandDilution #LegalChallenges #MarketFunctionality #TrademarkProtectionStrategy
Genericide: The Case of Murphy Bed — Jones Intellectual Property
jonesipl.com
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Delving into the fascinating world of trademark law, see the story of the Murphy Bed and its journey into becoming a generic term. #TrademarkPolicing #TrademarkLaw #IntellectualProperty #Innovation
🚀 Genericide Series Spotlight: The Murphy Bed Story 🛌 In this latest blog post Michael Jones explores the intriguing case of the "Murphy Bed," showcasing how unique functionality can lead to a trademark becoming generic. This piece highlights the fine line between widespread product success and the risk of genericide in trademark law. Discover the full story and its implications for trademark protection strategy here - https://lnkd.in/e3VnXU7i #TrademarkPolicing #TrademarkLaw #MurphyBed #IntellectualProperty #ProductInnovation #BrandDilution #LegalChallenges #MarketFunctionality #TrademarkProtectionStrategy
Genericide: The Case of Murphy Bed — Jones Intellectual Property
jonesipl.com
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#LegalAlert by Ebrar Turan and Dicle Yıldırım titled "Strategic Shift: Administrative Cancellation of Trademarks" is published on our website. You can read the article via: https://lnkd.in/dWSAVSfZ #legalnews #legalalert #trademark
Strategic Shift: Administrative Cancellation of Trademarks
moral.av.tr
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