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Frederick A. Spaeth, Partner, Dilworth IP, LLC, USA
First published on

New USPTO Policy to Clear Dead Wood from the U.S. Trade...

Frederick A. Spaeth, Partner, Dilworth IP, LLC, USA, First published on www.lexology.comThe USPTO has expanded its practice of testing the veracity of post-registration Declarations of Use under a program intended to improve accuracy and integrity of the trademark register, under a new rule which is scheduled to go into effect March 21, 2017. The rule will formalize a small-scale trial program in effect since 2012. Under the new rule, the USPTO may respond to the filing of a Declaration of Use by requiring additional proof of use of the mark in connection with the goods/services identified in the registration. The additional proof may be provided in  read more

Tom Johnston, Griffith Hack, Australia
Nicola Scheepers, Griffith Hack, Australia
First published on

Beating trade mark squatters in China – How Penfolds wo...

Tom Johnston, Griffith Hack, Australia, Nicola Scheepers, Griffith Hack, Australia, First published on www.lexology.comThe Penfolds decision highlights the value of timely trade mark registrations that support the different ways in which a particular brand will be marketed in China. Since entering the Chinese market Treasury Wine Estates has distributed Penfolds wines, including its prestigious Grange, under the name Ben Fu because of its rough translation to ‘chasing prosperity’. But the brand was never registered as a trade mark in China and this allowed Li Daozhi, a local wine distributor, to register the mark in 2009. This registration was only revoked earlier this year when The Beijing People’s High Court held that Li Daozhi had failed to demonstrate any genuine use of the mark in relation to wine making and related activities. The ruling comes in the wake of the Supreme People’s Court’s decision in Michael Jordan’s ongoing dispute with Qiodan Sports. Trade mark squatters and fine wines China uses a ‘first to file’ system of registration which means that the person who files the first trade mark application, and not the first user of the mark, is the  read more

Yasemin Kenaroglu, Kenaroglu Law Firm, Turkey
Yasemin Aktas Dag, Kenaroglu Law Firm, Turkey

The long-awaited Turkish IP Law has come into force

Yasemin Kenaroglu, Kenaroglu Law Firm, Turkey, Yasemin Aktas Dag, Kenaroglu Law Firm, TurkeyThe Draft Industrial Property Law replacing the Turkey’s separate three decrees governing industrial property rights (patents, trademarks, designs etc.) has been approved by the Turkish Parliament and the President of the Turkish Republic. Following such approvals it has been published at the Turkish Official Gazette and has come into force on January 10, 2017. The Industrial Property Law (“the Law”) brought substantial changes to the Trademark Law so as to make it in line with the EU regulations. The Law also renamed the Turkish Patent Institute as “Turkish Patent and Trademark Association” and the followings are the major changes brought to the Trademark Law. Major changes brought to the trademark law are for example the introduction of the letters of consent and coexistence agreements. The letters of consent and coexistence agreements were not enforceable before either the Turkish IP Courts or the Turkish Patent Institute (TPA), which prevented applicants from avoiding and/or overcoming ex-officio refusals of the  read more

Dilek Zeybel,Orbis Vista, Turkey

Turkey - New IP Law In Force

Dilek Zeybel,Orbis Vista, TurkeyThe new IP Law no. 6769 came into force as of 10th of January 2017. Important changes have been made and attention is needed. The new law promises a fast, fair and much more authentic process. Some of those changes are quite useful and expected for a long time and a few changes will directly influence international clients and the whole monitoring system for nationally or internationally filed Turkish trademarks. Recent changes can be summarized as follows and are in force now: A Letter of Consents Are Now Acceptable in Turkey read more

Abdurrahim Ayaz, Istanbul Patent A.S., Istanbul, Turkey
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TURKEY: New IP Law is in Effect, with Major Changes in ...

Abdurrahim Ayaz, Istanbul Patent A.S., Istanbul, Turkey New Industrial Property Law, Industrial Property Law – Law no. 6769, (hereinafter “New Law”) has gone into effect in Turkey as of January 10, 2017 replacing the Turkish Trademark Law (Decree Law No. 556 for the Protection of Trademarks) (hereinafter “Previous Law”) along with Patent Law (Decree Law No. 551), Industrial Design Law (Decree Law No. 554) and Geographical Indication Law (Decree Law No. 555) Although the New Law has gone into effect on  read more

Sophie Davies, HSM IP, Cayman Island

New and Updated IP Laws in Cayman: Designs, Patents, Tr...

Sophie Davies, HSM IP, Cayman IslandOn 16 November 2016, the Cayman Islands Government passed two IP laws: (1) The Design Rights Registration Law, 2016 and (2) The Patents and Trade Marks (Amendment) Law, 2016. Copies of the laws were published with Gazette No. 25 dated 5 December 2016. The long-awaited new Trade Marks Law has also been approved by Government and is expected to be published shortly. We anticipate that the laws will be implemented on or before 1 April 2017. What is the impact of The Design Rights Registration Law read more

Abdurrahim Ayaz, Istanbul Patent A.S., Istanbul, Turkey
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Non-use Cancellation of TMs is no Longer Possible in Tu...

Abdurrahim Ayaz, Istanbul Patent A.S., Istanbul, TurkeyConstitutional Court in Turkey has ruled that Article 14, which regulates use requirements of trademarks, of Turkish Trademark Law, Decree Law no. 556, is unconstitutional because it violated Article 91/1 of the Turkish Constitution. The ruling has been published on Official Gazette and went into effect as of January 06, 2017. Article 91/1 of the Turkish Constitution regulates that basic rights, including right of ownership, cannot be regulated / limited by Decree Laws. Turkish  read more

Istanbul Patent A.S.

Abdurrahim Ayaz

Abdurrahim Ayaz
Buyukdere Cad., No. 33/16
34381 Sisli/Istanbul
Turkey (TR)
Tel +90 212 241 7272
Fax +90 212 241 7026

Istanbul Patent A.S. was found in 1997 to provide full legal services in Intellectual Property area. Based in the hart of Istanbul and branched in the capital Ankara, the firm’s services extend to entire Turkey and also to the Turkish Republic of Northern Cyprus. In addition, the firm also provides services to local and overseas clients before European Patent Office.
The firm has 15 attorneys with additional supporting staff in five departments; Trademark Department for overseas clients, Trademark Department for local clients, Patent Department, Domain Name Department and Litigation Department.
The firm has an outstanding reputation in intellectual property, and is unique for its full range of intellectual property services, ranging from copyrights, trade and service marks, patents, utility models, industrial designs, geographical Indications, Plant Varieties and copyrights, from advisory services to prosecution and protection, and related litigations. The firm has also outstanding reputation and expertise in domain name disputes.