ERDEM-NEWSLETTER-2018-metin

328 NEWSLETTER 2018 aim to benefit from the reputation of those trademarks. Therefore, the high court sees the right holder of the foreign trademark as the real right holder, and decides to remove the malicious registration in Tur- key 8 , as to allow otherwise would prevent the registration of the real right holder in Turkey, and this would erroneously award persons who did not act as prudent merchants. Well-known Trademarks Article 6.4 of the IPL regulates that the application of trademarks that are the same, or have a similar nature, as well-known trademarks 9 within the context of Article 6 of the 1st bis of the Paris Convention, in the same or similar good and service classes, shall be rejected upon objection by the real right holders. As mentioned above, in current technical climate, to have no awareness of well-known trademarks is considered contrary to the ordinary course of life. In this regard, the Turkish Patent and Court of Cassation consider the registration of a trademark that is the same, or has a similar nature, as the well-known trademark to be a malicious attempt, even though the well-known trademark is not registered in Turkey. Removal of Unjustness Pursuant to Article 6.9 of the IPL, malicious registration has been clearly counted as relative grounds for refusal. Within this context, the real right holder may apply to the Turkish Patent within 2 (two) months after the publication of the trademark application in the Trade- mark Bulletin, and request that the application be rejected. If the real right holder does not reside in Turkey, the application shall be carried out through a trademark attorney. If the trademark is registered despite 8 Decision of the Assembly of Civil Chambers of Court of Cassation, 16.07.2008, No. 2008/11-501 E. 2008/507 K. 9 Tokgöz, Yeşim: Protection of Local and Globally Well-Known Trademarks, Er- dem & Erdem Newsletter, march 2015, http://www.erdem-erdem.av.tr/publica- tions/law-post/protection-of-local-and-globally-wellknown-trademarks/ (Access date: 04.09.2018).