INDUSTRIAL PROPERTY LAW AND AMENDMENTS ON TRADEMARK

24.10.2018

 

Turkish Industrial Property Law regulates trademark right, patent right, industrial design, topography, rights of new varieties of plants and geographical signs.

The Industrial Property Law was published in the Official Gazette in 10.01.2017. Until that date, industrial property had been regulated with statutory decrees. After, the decrees were gathered under a single roof, the rights were regulated in a systematic way and integrated into today’s economic conditions.

The Industrial Property Law includes a section of preliminary provisions and five chapters. The section of preliminary provisions consist of first three articles. The title of first chapter is trademark, the title of second chapter is geographical sign, the title of third chapter is industrial design, the title of forth chapter is patent and petty patent and the last chapter includes common articles.

AMENDMENTS ON TRADEMARK

1- In the past time, according to Turkish Law, colors and voices could not be considered brand. After the effectuated industrial property law, proprietors can apply for registration to their own trademark of color and voice.

2- Three dimensional trademark can be registered with the new code.

3- The new law adopt international principle of exhaustion instead of territorial principle of exhaustion.

4- Acquiescence is a cause of forfeiture in the new code.

5- An old proprietor can file a lawsuit of invalidity in 5 years against bona fide new proprietor. If new proprietor is not a bona fide person, old proprietor can sue anytime that she/he wishes.

6- The new code has a defense mechanism for new proprietor: non-user defense

7- Trademark Executive Order has not protected an unregistered trademark. Industrial Property Code protects unregistered trademark by contrast with Trademark Executive Order.