ERDEM-NEWSLETTER-2018-metin
318 NEWSLETTER 2018 Pursuant to the Regulation, it is mandatory to issue a letter of consent in a signed format that is acceptable to the Turkish Patent and T rademark Office as being valid, and have it approved by a notary containing the following elements: a. The credentials and contact information of the applicant(s) to whom the consent is given. b. If the consent form is submitted during the application phase, the trademark example that is subject to consent; if it is sub- mitted during the objection phase, the application number that is subject to consent. c. The credentials and contact information of the applicant(s) or trademark holder(s) who give consent, and the application or registration numbers of the previous application or trade- mark that is subject to consent. d. Goods and services to which the consent is given and their class numbers. e. If the consent form is signed by a proxy on behalf of the app- licant or trademark holder, a notarized proxy setting forth the authority to consent, or the notarized copy of the aforesaid proxy. Besides, whilst drafting a coexistence agreement, the parties may determine the conditions as to the use of the trademark in a way that is compatible with their business plans concerning the use of the trade- mark, and explicitly include the Internet addresses (domain name), if available, regarding the use of the trademark and the geographical areas in which the trademark is to be used. The provisions concerning the consequences of not using the trademark are determined, terms and procedures of new additions to the trademark (such as color, logo or figurative changes), the terms as to the duration, termination and amendment of the agreement and, especially in the case of deadlocks in agreeing to the commercial decisions, the provisions to eliminate them may be regulated in the agreement. While adopting the above-mentioned provisions, it is necessary to ensure that the feature of distinctiveness of the trademarks that are
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