01 November 2017
Reporter: Barney Dixon

Turkey takes step towards harmonising with EU IP laws

The Turkish Patent and Trademark Office (TPTO) has released new guidelines for trademarks in an attempt to bring Turkish intellectual property law in line with the EU.

According to Turkish law firm, Moroğlu Arseven, the guide aims to harmonise Turkish and EU IP law and takes into account the case law of the EU Intellectual Property Office and Court of Justice of the EU.

The guide mainly focuses on the proof of use of a trademark during opposition proceedings based on similarity. The TPTO may ask the opponent of a trademark—where the trademark is registered for five or more years—to provide proof of use. If the applicant does not prove the trademark’s use, the opposition will not be accepted.

Proof should be clear, explicit and unconditional and should be delivered within one month of notifying the TPTO of the opposition.

Turkey was recognised as a candidate for full membership of the EU in 1999, but the country’s accession bid was a slow process, and the country closed only one of the 35 chapters required to complete accession by May 2016.

Accession talks were halted in December 2016, after the European Parliament voted to suspend negotiations over human rights and rule-of-law concerns.

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