NEWSLETTER-2020-metin

379 INTELLECTUAL PROPERTY LAW Relative Grounds for Refusal in Trademark Registrations* Att. Zeynep Ezgi Yanarateş Article 6 of Industrial Property Code (“IPC”) numbered 6769, which was entered into force on January 10, 2017, regulates rela- tive grounds for refusal in trademark registrations. This Article aims to protect the rights of those who have been so entitled prior to the trademark application. Since, contrary to absolute grounds for refusal, in the case of relative grounds for refusal, there is no situation that concerns the public interest, the grounds are not taken into account by the Turkish Patent and Trademark Office (“Office”) ex officio, but are examined on objection. Pursuant to Article 18 of the IPC, “relevant persons” may submit oppositions to the Office within two months of the publication of the trademark, on the grounds that the trademark application published in the Bulletin is contrary to absolute and relative grounds. Relevant per- sons should be understood as registered trademark owners, trademark application owners, persons who use the subject trademark and/or it’s similar without registration, and those whose legitimate interests may be damaged. Below,Article 6 of the IPC, which is related to the relative grounds for refusal, is reviewed in detail. Likelihood of Confusion According to Article 6/1 of the IPC, “An application for trade- mark registration shall be refused upon opposition if there exists a like- lihood of confusion on the part of the public, including the likelihood of association with the earlier trademark, due to the identity with, or similarity to, the earlier trademark, and the identity or similarity of the goods or services covered.” In this case, in the event of an objection, * Article of February, 2020