In this article, we will examine some basic concepts in trademark law in terms of English legal terminology.
While the legal legislations regarding trademark law were regulated under decree laws until 2016 in our country, with the Industrial Property Law that entered into force in 2016, deficiencies in legal regulations regarding both trademark laws were eliminated, and legislative unity was ensured.
First, we will address the concept of “distinctiveness”, which is one of the main elements of the trademark that allows a trademark to be distinguished from other trademarks for the goods and services which it is registered for. The correct translation for the term “ayırt edicilik” in English legal terminology is “distinctiveness”. The correct translation for the term “ayırt edilemeyecek kadar benzer” used in the similarity comparison of trademarks in English legal terminology is “indistinguishably similar”.
As for the other terms used in the similarity comparison of trademarks, while the correct translation of the English legal terminology for “karıştırılma ihtimali” is “likelihood of confusion”, “karıştırılma ihtimali yaratacak kadar benzer” is “confusingly similar”.
In addition, the correct translation of the term “tanınmış marka” in English legal terminology which is used while evaluating the well-known status of a trademark in the similarity analysis appears as “well-known trademark”.
On the other hand, during the process of reviewing the trademark applications made before the Turkish Patent and Trademark Office (TPTO), applications are being examined by the Office within the framework of the grounds stipulated in the IP Law. The translation of “mutlak ret nedenleri” in correct English legal terminology is “absolute grounds for refusal”. Although “possible grounds for refusal” is being used in practice for “nisbi ret nedenleri”, we believe that its correct translation to English legal terminology is “relative grounds for refusal”.
However, one of the terms that are again a fundamental concept in trademark law and fall into legal terminology along with the Industrial Property Law is the “ciddi kullanım” specified in Article 9. The Industrial Property Law regulates the provision that trademarks whose use is suspended for five years without interruption in Turkey or which are not seriously used will be cancelled. The translation of the phrase “ciddi biçimde kullanım “here has many incorrect uses in practice, and its correct translation to English legal terminology should be “genuine use”.
Finally, Article 19 of the Industrial Property Act regulates that in the case of possible opposition, the applicant may assert a non-use defence against the opposing party in order to prove the use of the trademark in question, provided that the trademark subject to the opposition has been registered in Turkey for at least five years. This defence can also be asserted in cancellation cases. In English legal terminology, the translation of this term “kullanmama defi” claimed against the trademark owner should be “Non-use Defence” or “Defence of Non-use”.
In this article, we have attempted to share with you the correct translations of some basic concepts in trademark law to the English legal terminology.
