NEWSLETTER-2020-metin

382 NEWSLETTER 2020 reasons, such as the trademark owner sacrificing the Turkish market, he does not renew his trademark registration after it expires, then the referred trademark application of the commercial agent or representa- tive will be rejected. Registration of the Trademark without the Consent of the Prior Right Holder Article 6/3 of the IPC regulates that “If a right to a non-registered trademark or to another sign used in the course of trade was acquired prior to the date of application, or the date of the priority claimed for the application for registration of a trademark, the trademark ap- plication shall be refused upon opposition of the proprietor of that prior sign.” Accordingly, the person who has gained the right on an unregistered trademark through prior use has been granted the right to prevent the trademark registration. In this case, the prior right holder is given a priority right against registration. Protection for Well-Known Trademarks According to Article 6/4 of the IPC, “Trademark applications that are identical or similar to well-known marks within the context of Article 6 bis of the Paris Convention 7 shall be refused upon opposi- tion in respect of identical and similar goods or services.” In addition, Article 6/5 of the IPC regulates that “A trademark application that is identical, or similar, to an earlier registered trade- mark or application, irrespective of whether the goods or services for which it is applied or registered are identical, similar to, or not similar, to those for which the latter trademark is applied for, and i) the use of the latter trademark without due cause would take unfair advantage of, or ii) be detrimental to the distinctive character, or iii) the repute of the earlier trade mark due to the reputation the earlier trademark has in Turkey, shall be refused upon opposition of the proprietor of that earlier trademark.” 7 Article 6 bis of the Paris Convention regulates that well-known trademarks can- not be registered without the consent of the trademark owner.