DoctorateOpen Access

Legal remedies to be exhausted against decisions by Turkish Patent and Trademark Office in the course of trademark registration

2020
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Advisor: Prof. Dr. Mustafa Aksu

Abstract (EN)

This thesis study titled "Legal Remedies to be Exhausted against Decisions by Turkish Patent and Trademark Office in the course of Trademark Registration" is intended to analyse objection and litigation remedies granted to aggrieved parties in the course of trademark registration according to the Industrial Peoperty Law no. 6769. In the first chapter, the concept of trademark and the systems applied in the acquisition of trademark rights has been examined. In the second chapter, the acquisition of the trademark rights through registration has been examined in detail. In the third chapter, examines the right of third parties to deliver opinions, the right of related parties to oppose to the publication and the right of the aggrieved against the decision following the publication of the trademark application in the bulletin. In the fourth chapter four discusses potential litigations fort he cancellation of the final decision by Turkish Patent and Trademark Office. While a cancellation lawsuit is by its essence a lawsuit specific to administrative law, the jurisdiction over lawsuits fort he cancellation of the Office decisions is vested with judicial courts, this Chapter focuses on judicial remedies, and procedural provisions applicable to judicial court organizations and the impact of lawsuits on the effectiveness of Office decisions. The Provisions of industrial Property Law no. 6769 and the relevant Supreme Court decisions are of fundamental importance in terms of working as a result of the study. In this context, the provisions of the law in force have been compared with the provisions of the Decree-Law No. 556 on the Protection of Trademarks and also included in the determinations and evaluations by referring to the provisions of the European Union (EU) Trademark is given. In conclusion our study was rounded off with recommendations with reference to Turkish Trademark Law.

Author

Dr. Yeşim Aker

How to Cite

Yeşim Aker (Doctorate thesis). Legal remedies to be exhausted against decisions by Turkish Patent and Trademark Office in the course of trademark registration, 2020, İstanbul University.

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