recently, An appeals court in Turkey has ruled in a case involving trademarks and copyright, Relates to an application to No 29 and 43 class, Contains cow image and text elements (KANDIRA ANBARLI ET) Trademark application. The literal element of the application has low salience. Among them, "ET" In Turkish, it is "meat" Meaning of, Is a description of certain goods to which the trademark application applies. "KANDIRA ANBARLI" Be the applicant KANDIRA AMBARLI ET & device The place name of the company.

　　SütaşThe company is "SÜTAŞ" Owner of a trademark, Famous for its dairy products. Over the years, SütaşThe company has been using different cow images in its various dairy products, And ran an advertising campaign by releasing cartoons featuring cows.

　　In fact, SütaşThe cow image and cartoons used by the company are well known in Turkey, Because they were drawn by famous Turkish cartoonists, parallelism 1998 It's been published in national newspapers since 2000.

　　SütaşThe company is correct for the following reasons KANDIRA AMBARLI ET & device The company's trademark application was challenged:

　　－SütaşThe company owned the rights to the cow image much earlier, The cow image has been widely used in trade for many years;

　　－KANDIRA AMBARLI ET & device The company violated SütaşCopyright of the company, Because of the dispute between the cow image in the logo and SütaşThe cow in the company cartoon is very similar, This tends to confuse people;

　　－KANDIRA AMBARLI ET & device The company's trademark registration is malicious registration.

　　The Turkish Patent and Trademark Office rejected it SütaşThe company's request for objection, And register the contested mark as a trademark. subsequently, SütaşThe company filed a complaint against the Turkish Patent and Trademark Office's decision with the Ankara Intellectual Property Court (Ankara IP Court) An appeal was filed. The court accepted SütaşCompany request, And identify KANDIRA AMBARLI ET & device The cow image on the company logo and SütaşThe company's cow image is strikingly similar. Therefore, Court decision, The Turkish Patent and Trademark Office should rescind its rejection SütaşThe decision of the company to object to the request, And shall declare KANDIRA AMBARLI ET & device The company's trademark is invalid.

　　subsequently, The Turkish Patent and Trademark Office to the District court (The District Court) An appeal was filed. The district court confirmed the judgment of the Ankara Intellectual Property Court, And rejected an appeal by Turkey's Patent and Trademark Office. Finally, Turkey's Patent and Trademark Office filed a complaint with the country's appeals court. 　　

The ruling of the Turkish Court of Appeal

　　Turkey's appeals court overruled the district court's ruling, The reason is that SütaşThe company's extensive use of the cow image and its well-known trademark in its dairy products and promotional materials does not prevent third parties from using it and registering an artistic cow image as its own trademark.

　　subsequently, The case was sent back to the Ankara Intellectual Property Court for rerecording and hearing. Finally, The Ankara intellectual property Court decided to defer to the appeals court's ruling, reject Süta? The company's claim.

(Compiled from gun. av. tr) 　　

Reprinted from China Intellectual Property Network  translation: Li Yanqiu　proofread: Liu Peng

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