NEWSLETTER-2020-metin

381 INTELLECTUAL PROPERTY LAW The trademark whose invalidation was requested. Earlier trademarks of the plaintiff Aural similarity is the similarity that occurs due to the pronun- ciation of trademarks. For example, the European Union Intellectual Property Office (“EUIPO”) decided that the trademarks “4 US - FOR US” are aurally similar 3 . The Court of Cassation also ruled that the trademarks PIERRE CASSI and PIERRE CARDIN are aurally simi- lar 4 . Finally, the conceptual similarity of trademarks can be seen in terms of the mark and image left in the average consumer’s mind 5 . In another decision of the Court of Cassation, it decided that the trade- mark may cause conceptual confusion with the crocodile shape of Lacoste 6 . Trademark Application by a Commercial Agent or Representative in His Own Name without Consent Article 6/2 of the IPC regulates that “A trademark application for the registration of an identical or indistinguishably similar trademark filed by a commercial agent or representative in his own name with- out the trademark proprietor’s consent, and without any justifiable grounds, shall be refused upon the trademark proprietor’s opposition.” In accordance with the relevant provision, unless there are justifiable 3 The Manual Concerning Opposition – Identity and Likelihood of Confusion, Part 2.3, p. 18. 4 11. CC, E. 2007/11742, K. 2009/741, 26.11.2009. 5 Çolak , p. 232. 6 11. CC, E. 2006/11719, K. 2007/372, 18.01.2007.