NEWSLETTER-2017

Trademark Rights under Industrial Property Law* Att. Melisa Sevinc Atilganer Introduction Trademarks, in the classical definition as stated in Industrial Property Law No. 6769 (“Law” entered into force on 10 January 2017, means the signs that distinguish the goods or services of one enterprise from the goods or services of another enterprise. Trademark rights under the Law are examined in this study, including the latest amendments to the same. Signs of which Trademarks May Consist The scope of the signs of which a trademark may consist is lim- ited by Article 4 of the Law in accordance with Article 3 of Directive (Eu) 2015/2436 of the European Parliament and of the Council (“EU Trademark Directive”) with the criteria of “being able to be repre- sented on the register.” The mentioned criteria was set forth in a more limiting manner in the former Decree Law Concerning Protection of Trademarks No. 556 (“Decree”) as “being able to be represented on the register by drawing.” Herewith, the continuing discussions in the doctrine as to the ability of registration of certain signs, such as smell and sound, have been resolved in accordance with the EU legislation. Trademark Types Trademarks are classified as individual, collective, and guaran- teed trademarks as to the owners of the trademark rights. * Article of January 2017