ERDEM-NEWSLETTER-2018-metin

317 INTELLECTUAL PROPERTY LAW if there is a chance that an action for annulment or infringement on the trademark right may be filed between the competitors, which use the same or similar trademarks, due to the use of these trademarks for the same goods or services. As an example of respecting coexistence agreements in the inter- national field, the coexistence agreement concluded in 1989 between Apple Corps, which owns the record trademark of the Beatles, and the US-based technology company, Apple Computer, may be cited. 3 As per the agreement, the parties acknowledged the similarity between their trademarks, and stated that they entered into an agreement for the purpose of avoiding any confusion between their business activities, and to preserve the rights provided by each trademark. 4 Pursuant to the provisions of the agreement, Apple Computer made a commitment not to use its name or trademark on any computer product that is “spe- cifically adapted for use in the recording or reproduction of music, or of performing artist works,” and both parties agreed not to file an action for annulment, or similar actions, concerning each other’s reg- istered trademarks. The Content of the Coexistence Agreement Businesses that have the same or similar trademarks may reach an agreement to decide upon the use of their trademarks in aspects such as form, style, presentation, the use of trademarks in a given region, and the precautions that may be adopted to avoid any possibilities of confusion. 5 If one of the trademarks that is subject to the agreement is registered, and the registration for the other trademark is demanded, it would be suitable to have provisions regarding the issuance of a letter of consent that contains the conditions stipulated under Article 5/3 of the IPL, and Article 10 of the Regulation on the Implementation of Industrial Property Laws (“Regulation”) in the agreement, and also to add the relevant provisions if an amount will be paid for the aforesaid letter of consent. 3 Moss, Marianna : Trademark “Coexistence” Agreements: Legitimate Contracts or Tools of Consumer Deception, https://lawecommons.luc.edu/cgi/viewcontent. cgi?article=1198&context=lclr / (Acces date: 02.01.2019). 4 Moss, Marianna . 5 Çolak, Uğur : Türk Marka Hukuku, İstanbul 2016, p. 292.