Court Decision about Well-Known Trademark

ASELSAN Decision: A trademark that is known in the related sector has the well-known trademark status.  It is not correct to make differentiations by dividing trademarks into degrees and stages such as sectoral well-known trademark, supra-sectoral well-known trademark and well-known trademark in Turkey.

Plaintiff’s counsel claimed that, in accordance with  KHK No. 556 and International terms, his client applied to TPI (Turkish Patent Institute) to obtain “well-known trademark” registration, Trademarks Office acknowledged “ASELSAN” as “sectoral well-known trademark” and REEB( Re-examination and Evaluation Board) did not accept the opposition. Yet, it was also stated that “ASELSAN” has been used for almost 30 years and it complied with all of the criteria about well-known trademarks, hence the plaintiff’s counsel demanded and pleaded cancellation of the opposition by the defendant, the establishment of “ASELSAN” as well- known trademark and publication of the decision.

The defendant’s counsel advocated that the trademark “ASELSAN” was known widespread in the related sector, not a well-known trademark and he requested the dismissal of the case by claiming that the decision of the administration was agreeable to procedure and law.

Based on the expert report and the scope of the file, it was decided that besides Turkey, “ASELSAN” was registered as Community Trademark, being valid in all of the European Union member countries, the products of it was marketed regularly in domestic ally and abroad, “ASELSAN” should be given the rights stemming from a well-known trademark, provided that it met the minimum conditions for  sectoral well-known trademark, it could not be correct to make differentiations by dividing trademarks into degrees and stages such as sectoral well-known trademark, supra- sectoral well-known trademark and well known trademark in Turkey. Thus, it was decided to accept “ASELSAN” as well-known trademark.

The decision was appealed by the defendant’s counsel.

The appeal was rejected by the Supreme Court.