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Amendments to Trademark Laws

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Nov 18, 2021 (Newsletter Issue 16/21)
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Trademark Examination Guidelines Extended

The Turkish Patent and Trademark Office has added a new chapter to the guidelines on examination standards for trademark applications. The new chapter concerns the substantive examination standards for the assessment of confusing similarity.

The new chapter covers the topics below:
- the concept of ‘likelihood of confusion’;
- the similarity of goods and services taking into account the role of the Nice Classification;
- the relevant consumers and their level of attention;
- the distinctiveness of the prior trademark;
- the comparison of the signs from an aural, visual and conceptual point of view;
- all the factors to be taken into account in determining the likelihood of confusion (i.e., the similarity of goods/services, the relevant consumers and their attention level, the distinctiveness of the prior trademark and the comparison of the signs); and
- frequently arising situations when assessing the likelihood of confusion between certain types of mark (e.g., names and surnames, house marks, pharmaceutical marks, slogan marks, one-letter marks, two or three-letter marks, colour marks and three-dimensional marks).

The guidelines now consist of 681 pages and include several examples of decisions from the Turkish Patent and Trademark Office, Re-examination and Evaluation Board and courts, as well as decisions from the European Union Intellectual Property Office and Court of Justice of the European Union.

First published by WTR, Sept. 22, 2021