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NEXCARE ousts NEO CARE device mark in Turkey
With regard to the
goods covered by both trade marks, the Court determined that both marks were registered in class 5 and that, therefore, some of the goods for which they were registered were identical. Those goods which were non-identical were however found to be similar since they could be produced by the same enterprise,
in the same facility, with the same or similar technology. Further, the court
considered that those goods would be distributed through the same channel.
Consequently the
The Court further determined that the “NEO” expression
was derived from the Greek root "neo-", meaning “new”, and that this was also known in Turkish. Likewise
the English word “CARE” was also widely known in Turkish, especially in respect
to goods in class 05. Based on these determinations the Court pointed that
the “NEO CARE + Device” word mark actually had no distinctive character in
respect of goods in class 05. This being so, the Court clearly
indicated that the “NEO CARE + Device” trade mark might also be subject to
invalidation for lack of distinctive character. However, it did not need to make a conclusive determination on this issue since the applicant for invalidation focused its on the issue of confusing similarity.
Source: Selin Sinem Yalıncaklı (Mehmet Gun & Partners, Istanbul, Turkey)
Posted by: Blog Administrator @ 15.58
Tags: Turkey, invalidation proceedings,
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