INTELLECTUAL PROPERTY LAW - WORLDWIDE

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• Regulation change of Turkish Patent Institute may effect registered trademarks in 35th class

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  Yücel Yılmaz

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  Regulation change of Turkish Patent Institute may effect registered trademarks in 35th class

  Turkish Patent Institute prepares a regulation change in the scope of 35th class's "retail and wholesale services" part.
  
  The classification definition for selling services has been "gathering together various goods of different origin into an assortment, and offering them for sale in an homogeneous environment, whether in an actual retail outlet or shop, by mail-order, or over the Internet".
  Applicants have been able to add special additions like “selling services of shoes, textile products, bags, etc...” but many of the registrations' classification definition has just been including the subject written above.
  
  The regulaton change may effect those registered trademarks which has not got spesific definitions about what was going to be sold. It may be clearified with a simple example.
  
  The trademark "A" is registered in selling services and does not have any spesific definition added to the regular classification. The next applicant of the trademark “A” is going to be able to file a registration application with only spesific definition of the certain goods such like "selling services of hardware, selling services of dairy products, etc...".
  
  From our view two certain effects are supposed to be happened:
  
  1- The positive result: Applicants are going to be able to register the trademarks which they had been unable before.
  2- The negative result: Registrants which did not write spesific definitions to their classification while first filing are going to be faced with the possible loss of right due to a new application including their selling area.
  
  • 26 Jan 2011, 4:37 pm
  Yücel Yılmaz wrote: > Turkish Patent Institute prepares a regulation change in the scope of > 35th class's "retail and wholesale services" part. > > The classification definition for selling services has been > "gathering together various goods of different origin into an > assortment, and offering them for sale in an homogeneous environment, > whether in an actual retail outlet or shop, by mail-order, or over > the Internet". > Applicants have been able to add special additions like “selling > services of shoes, textile products, bags, etc...” but many of the > registrations' classification definition has just been including the > subject written above. > > The regulaton change may effect those registered trademarks which has > not got spesific definitions about what was going to be sold. It may > be clearified with a simple example. > > The trademark "A" is registered in selling services and does not > have any spesific definition added to the regular classification. The > next applicant of the trademark “A” is going to be able to file a > registration application with only spesific definition of the certain > goods such like "selling services of hardware, selling services of > dairy products, etc...". > > From our view two certain effects are supposed to be happened: > > 1- The positive result: Applicants are going to be able to register > the trademarks which they had been unable before. > 2- The negative result: Registrants which did not write spesific > definitions to their classification while first filing are going to > be faced with the possible loss of right due to a new application > including their selling area.