Well-Known Trademark

A well-known trademark is one that is widely known among the relevant consumers. While ordinary marks are protected only for identical or similar goods and services where there is a likelihood of confusion, well-known marks receive broader protection.

Two Forms of Protection

• Well-known marks under Paris Convention Article 6bis (IPL Article 6(4)): Protected against applications for identical or similar goods and services even if not registered in Turkey.
• Protection against dissimilar goods and services (IPL Article 6(5)): An earlier registered or applied-for mark with a reputation is protected against a later mark, even for different goods or services, where use without due cause would take unfair advantage of, or be detrimental to, its reputation or distinctive character.

The same principles apply in trademark infringement actions (IPL Article 7(2)(c)).

Proving Reputation

The party claiming reputation must prove it. Evidence includes:

• Duration, geographical extent and market share of use
• Advertising spend and media visibility
• Consumer surveys by independent organisations
• Earlier administrative and judicial decisions recognising reputation

Reputation is assessed among the relevant consumers of the goods or services, not the general public. A mark that is very well known within a specific sector may qualify even if the general public does not know it.

In Practice

Reputation is most often invoked in oppositions and against bad-faith trademark applications. Claims are strongest when supported by dated evidence from independent sources.