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Mrz 13, 2017
Gökçe İzgi, Moroğlu Arseven, Turkey
Merve Nur Eltaş, Moroğlu Arseven, Turkey
First published on www.lexology.com

Turkey Rejects Trademark Application Involving the Euro...


Gökçe İzgi, Moroğlu Arseven, Turkey, Merve Nur Eltaş, Moroğlu Arseven, Turkey, First published on www.lexology.comThe Appeal Board (“Board”) of the Turkish Patent and Trademark Office (“TPTO”) recently upheld an appeal by the European Commission against a local trademark application involving the EU Emblem. The Board ultimately found the Emblem cannot be registered as a trademark, recognizing the European Commission’s genuine ownership right. Notably, the Board did not limit its examination to registerability in terms of Article 7(1)(g). Rather, it also considered bad faith and the likelihood of confusion. The Board also referred to the Emblem’s commercial value. In principle, using the European emblem or any of its elements is permitted, so long as such use is within rules set by the Council of Europe. Therefore, third parties can use a circle of twelve gold stars against a blue background, representing the union of the people of Europe, without obtaining any specific written consent. Third parties can use a circle of twelve gold stars against a blue background without obtaining any specific written consent, provided, the emblem or its  read more