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Tuesday, June 02, 2015

Turkish Constitutional Court Strikes Out Provision On Well-Known Trademarks As Unconstitutional - Intellectual Property - Turkey

Turkey: Turkish Constitutional Court Strikes Out Provision On Well-Known Trademarks As Unconstitutional
Last Updated: 2 June 2015
Article by Işık Özdoğan and Ezgi Baklaci
Moroglu Arseven

The Turkish Constitutional Court ("Constitutional Court") has struck out Article 7(1)(i) of the Trademark Decree Law numbered 556 ("Trademark Decree Law"), on the basis that it is unconstitutional. In light of this, holders of well-known trademarks should better monitor the Official Trademark Bulletin since more applications may now pass the TPI's examination on absolute grounds than have done so in the past. The ruling closely follows the Constitutional Court striking out Article 16(5) of the Trademark Decree Law in May on similar grounds.

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