0212 290 62 77 (pbx)

Address: Giz 2000 Plaza, Ayazağa yolu, No:7 Kat:12 34398 Maslak - İSTANBUL

Telephone: 0212 290 62 77 (pbx) - E-Mail: lawyers@basalan-law.com.tr

Court Decısıons

urkish Republic
İstanbul 1st Literary and Intellectual Property
Rights Court 

MERIT NO         : 2005/361
DECISION NO    : 2008/314

PLAINTIFF        : YAĞMUR MOBİLYA SANAYİ VE TİCARET A.Ş.

DEFENDANT    : INTER IKEA SYSTEMS BV

SUIT                 : Trademark (Trademark Infringement) 

SUIT DATE        : 29/07/2005 

DECISION DATE    : 16/12/2008 

    Upon the prosecution of the file which is examined by our court and related with the trademark infringement; 

…/….

BASIS: 

The suit is regarding with the request of the cancellation of registered trademark of the defendant in accordance with the article 14 of the Decree Law No:556. According to respective resolution, “if a trademark is not used within 5 years from the date of registration without a justifiable reason or if there is any interruption of use for a continuous period of 5 years, the trademark is cancelled.” 

…/….

The defendant side has defended that the trademarks have been used and presented importation documents, invoices, account books, custom exit declarations and notified the names of the companies who are involved in the sales and marketing of the products. 

…/….

Therefore, in the report, the IKEA trademark is being seriously used for the goods within the content of registration, even the trademark is not mentioned in the product names that are mentioned in the product lists of the imported products, there is the condition between the buyer and seller that it is compulsory to put IKEA trademark to the goods and based on this it cannot be thought that the products are presented to market without the trademark. 

In order for the trademark assumed to be used, there is not the obligation of putting the trademark on the products and as the sales under the trademark is important and as the usage of the trademark is put as a obligatory condition in the agreements, the objection of the defendant against this matter is not seem to be justified. Also, the defendant has not proved that the products offered to sale within the content of the agreements are sold with any other trademarks. Again, according to the commercial law, the trade name shall be used as it is registered and re-writing of IKEA word on the trade name is trademark usage. 

As the word IKEA is mentioned in the invoice text, it is not compulsory to mention the trademark for each of the products separately. If there is not any specific expression is used, it is understood that the products are sold under the above mentioned trademark. 

…/…

DECISION: In accordance with the reasons explained above, it has been decided for the refusal of the suit…

…/…..

go-backNEWBACK

Üste Git