Trademark law is an essential part of business law, protecting the brands and symbols that identify businesses in the marketplace. In Turkey, the protection of trademarks is governed by the Turkish Trademark Law, which establishes the legal framework for the registration, use, and protection of trademarks. However, the interpretation and application of trademark law in Turkey have been a source of confusion and controversy, particularly in relation to decisions by the Turkish High Court. This paper aims to explore the risk of confusion in Turkish trademark law with Turkish High Court decisions.

The Turkish Trademark Law provides the legal framework for the registration and protection of trademarks in Turkey. Under this law, a trademark is defined as “any sign capable of being represented graphically, which is capable of distinguishing the goods or services of one undertaking from those of other undertakings” (Article 4). The law also provides for the registration of trademarks with the Turkish Patent and Trademark Office (TPTO), which grants the exclusive right to use the trademark for a period of 10 years. Despite the clarity of the Turkish Trademark Law, the interpretation and application of the law have been a source of confusion and controversy. One of the main reasons for this confusion is the decisions of the Turkish High Court. The Turkish High Court is the highest court in Turkey, and its decisions have a significant impact on the interpretation and application of trademark law. One of the main issues that have arisen in relation to the decisions of the Turkish High Court is the concept of likelihood of confusion. Under the Turkish Trademark Law, a trademark may not be registered if it is likely to be confused with an existing trademark (Article 6). However, the definition of likelihood of confusion has been subject to interpretation by the Turkish High Court. Some decisions have taken a narrow view of likelihood of confusion, while others have taken a broader view. This has led to uncertainty and confusion among businesses and legal practitioners.

Another issue that has arisen in relation to the decisions of the Turkish High Court is the use of descriptive terms in trademarks. Under the Turkish Trademark Law, trademarks that consist of or contain descriptive terms may be registered if the descriptive terms are not the dominant element of the trademark (Article 7). However, the Turkish High Court has interpreted this provision in different ways, leading to uncertainty and confusion among businesses and legal practitioners.

The interpretation and application of trademark law in Turkey have been a source of confusion and controversy, particularly in relation to decisions of the Turkish High Court. This confusion and uncertainty have a significant impact on businesses and legal practitioners, who rely on the clarity and consistency of the law.

To mitigate this risk of confusion, it is essential that the Turkish High Court provides clear and consistent guidance on the interpretation and application of trademark law, particularly in relation to the concepts of likelihood of confusion and the use of descriptive terms in trademarks. This will provide greater certainty for businesses and legal practitioners and help to ensure the effective protection of trademarks in Turkey.