NEWSLETTER-2020-metin

383 INTELLECTUAL PROPERTY LAW In this case, unlike Article 6/4 of the IPC, well-known trademarks in Turkey have broader protection against similar trademark applica- tions regardless of whether the application is made for similar or totally different goods or services. However, in order to prevent registration of an application for goods and services in different classes, the well- known trademark must be registered in Turkey, or its application has to be made. Indeed, within the scope of Article 6/5 of the IPC, being a well-known trademark does not constitute relative grounds for refusal on its own, but also one of the three other conditions in the Article must be satisfied. For example, in the DİDO decision, the Court of Cassation de- cided to accept the case and refuse the registration of the trademark, DİDO Bistro, on the grounds that the well-known status of the trade- mark, DİDO, which is known for chocolate and similar food items, will be adversely affected by the registration of the trademark, DİDO Bistro, the consumers may have negative associations with the trade- mark, and it may enjoy unfair advantage from its well-known status 8 . Registration of the Name, Photograph, Copyright or Industrial Property Rights of Others Article 6/6 of the IPC regulates that “An application for registra- tion of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photograph, copy- right, or any other intellectual property right of another.” In this case, names and surnames that have been identified with another person, and are known in society, cannot be registered as a trademark. Within this scope, the trademark applications of TIGER WOODS, MICHAEL JORDAN and BEYONCE, 9 have been re- jected by the Court of Cassation 10 . Within the context of the relevant paragraph, copyright owners are also entitled to oppose if the trademark application is made for signs that are the subject of copyright protection. Accordingly, if car- 8 11. CC, E. 2009/10326, K. 2011/9106, 20.07.2011. 9 11. CC, E. 2011/777, K. 2012/9254, 30.05.2012. 10 Çolak , p. 405.