Although Turkey has followed international developments and harmonised its Trademark Law with EU legislation, the registration of non-traditional marks such as product packaging and product shape has not fallen into place.
The Turkish Appeal Court has recently approved the First Instance Court’s cancellation decision of the Turkish Patent Institute’s (TPI’s) refusal of BP’s application to register green service station trade dress.
The TPI’s decision
BP filed an application to expand the protection of the green service station appearance registered before WIPO in class 37. The TPI refused the application on the grounds that the sign does not conform to the provision of Article 5 of Decree Law No. 556, which defines what constitutes a registrable trademark.
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Turkey Trademark Law, EU legislation