CHANGES IN THE LEGISLATIONS ABOUT PROTECTION OF TRADEMARK
| BEFORE | AFTER |
| Decree-Law No. 556 on the Protection of Trademarks did not include other means of IP Rights, but only regulated protection of trademarks. | Industrial Property Law includes regulations about trademark, patent and utility model, etc. |
| Türk Patent Enstitüsü (Turkish Patent Institute) had been accepting the applications. | Turkish Patent Institute’s name changed as Türk Patent ve Marka Kurumu (Turkish Patent and Trademark Office) |
| Only the signs which could be represented graphically were considered as registerable trademark. | The signs which cannot be represented graphically (such as voice, color and movement) can be registered as trademark as long as they are distinctive. |
| The trademark applications which includes same or very similar trademark to previously registered trademark were being rejected strictly. | Previously registered trademark owner can approve new applications which includes same or very similar trademark. |
| Objection period for published applications was 3 months. | Objection period for published applications is 2 months. |
| Proofs of usage could not be requested from objectors who claim uniformity or similarity to previously registered trademark. | Proofs of usage can be requested from objectors who claim uniformity or similarity to previously registered trademark. |
| There were no legislation about the applications which include incomplete steps. | There are special regulations for the applications which include incomplete steps. |
| There was retroactive sanction of nullity. | In addition to retroactive sanction of nullity the proactive sanction of cancellation will enter into force by 2024. |
Kerem Utku Örer
TEMMUZ 2017
Tarlan Avukatlık Bürosu Bloğu 