Lawyers Selin Bilik

Selin Bilik

Selin Bilik

Gün + Partners

Practice Areas & Work Department

Intellectual Property

Trademarks and Designs

Anti-Counterfeiting

Copyrights

IP Prosecution


Languages

English

Turkish


Memberships

Istanbul Bar Association

PTO Issues Important Decision on Distinctiveness of Trademarks Consisting of Device Element and Descriptive Words

The Turkish Patent and Trademark Office's Re-examination and Evaluation Board (REEB) overturned the Trademarks Directorate's refusal of a mark application. The application included a device element followed by descriptive words, "Clinical Trial Center." The REEB determined that the device element provided distinctiveness to the mark, and the descriptive phrase was not the main element. The decision emphasized the importance of the size and position of elements in composite trademarks. It clarified that registration wouldn't grant exclusive rights to the descriptive word element.

04.07.2023

DELPHI v DEPLHI: PTO’s Decision Sheds Light on Interpretation of Bad Faith

Delphi Technologies IP Limited opposed the registration of the DEPLHI trademark in Classes 1, 3, and 4, citing similarities to its earlier mark DELPHI used in the automotive spare parts sector. The Turkish Patent and Trademark Office initially rejected the opposition but the Re-examination and Evaluation Board later accepted it, finding that the trademarks were similar and covered similar goods and services. The board also concluded that the DEPLHI application was filed in bad faith given the distinctiveness and reputation of the DELPHI mark in the sector. The decision demonstrates the importance of considering all relevant factors in assessing bad faith in trademark disputes.

30.01.2023
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