Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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WEDNESDAY, 4 JANUARY 2012
Turkey breaks new ground regarding evidence of use
News from Turkey -- kindly supplied by Selma Ünlü (Senior partner, NSN Law Firm, Istanbul) -- is that not only the classical national television broadcasting methods, but also the internet and satellite broadcasts outside the country meet the use criteria under the law
In recent litigation the Court of Appeal finalized the non-use action filed against a major international broadcasting company. The action was filed in 2006 with the aim of cancelling the trade marks of that company, based on non-use. The plaintiff alleged that the company has not used the trade mark in Turkey within the past five years’ time, based on the fact that it was not registered within the Turkish Radio and Television Higher Board and had no national broadcasting in Turkey.
The defendant company strongly emphasized that it was using the trade mark within Turkey by internet broadcasting or via satellites internationally.
The first instance Court clearly stated that
1- Determination of broadcasting includes not only national broadcasting but also “transmission of television programme services via all transmitters, internet, cable or satellite” outside the country,
2- As per article 14 of the Turkish Trade Mark Decree Law, there is no mandatory rule for producing the services within Turkish borders,
3- Considering technological development and the nature of broadcasting services, the company's TV channels are easily viewed by a general public in Turkey even though its TV channel did not operate nationally,
4- A significant number of online users from Turkey reached the company's websites which operated outside Turkey,
5- There was no need for classical television broadcasting methods, since internet broadcasts outside Turkey also met the use criteria under the law.
The plaintiff appealed the decision, which has now been upheld by the Court of Appeal.The plaintiff tried to overcome the decision by making a request for its rectification; however the Court of Appeal upheld the decision again and the decision was thus finalized by the Court of Appeal.
This decision is accepted as a landmark case in relation to non-use criteria, especially for broadcasting services, since it does not require national broadcasting to be in the national language or a residence or broadcasting station for the trade mark owner in Turkey.
Posted by: Blog Administrator @ 11.55
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