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CLASS 46


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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Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 12 APRIL 2012
"Seventy: the great outwear": ownership of a contested mark in Turkey
The owner of the “SEVENTY the great outwear” trade mark fought to prevent the registration of the identical word mark, “SEVENTY the great outwear”, in the name of a third party before the IP Court of Istanbul. 

The court decided to conduct an expert examination on the case. The first expert panel stated that the “SEVENTY the great outwear” mark should have been used in Turkey in order to consider the genuine right ownership. Since the trade mark in question had not been used in Turkey by its owner and had not been made publicly known though intensive use, it could not be accepted that the trade mark in question had been created and first used by the owner. 

The court then decided to conduct a further examination, adding a further expert from the relevant sector to the panel. The second expert panel stated that the trade mark in question was registered in the name of the plaintiff in these proceedings in many different countries, across different continents, and that it had achieved a reasonable degree of economic power, On this basis it should be accepted as a well-known mark and as a registered and well-known mark in a member of the Paris Convention.  This being so, it should have been protected in Turkey even it had no national registration in Turkey. The panel also considered that the defendant party was commercially active in the same sector and should therefore have been aware of the existence of the earlier mark.

Source: Selin Sinem Yalincakli (Mehmet Gun & Associates, Turkey)

Posted by: Blog Administrator @ 12.39
Tags: Turkey, ownership of marks,
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