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Article 48 - Relation with trademarks

Turkish Industrial Property Code (Law No. 6769)
Article 48

Relation with trademarks


Article 48

(1) After the registration of the geographical indication, a trademark application filed in order to be used in the forms stated in Article 44 or to be used for the goods or services related to the geographical indication shall be refused, in case it has been registered, it may be invalidated through legal proceeding.
(2) If a trademark identical with or similar to the geographical indication was registered in good faith or the rights to use that trademark were acquired through use in good faith before the protection of the geographical indication, rights arising from geographical indication shall not prejudice the registration of the trademark application or the right to use the trademark in good faith.
(3) Taking into account the reputation, prestige and duration of use of a registered trademark, names that may harm that trademark’s existence or be misleading about its true origin due to being identical with or similar to that trademark shall not be allowed to be registered as geographical indication or traditional specialty guaranteed upon objection by the earlier right holder.


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