Turkey: BRINKMANN Case Summary - 2012

Last Updated: 15 December 2015
Practice Guide by Deris IP Attorneys


Jurisdiction: Turkey
Subject Heading: I.E. Bad Faith Registration
Case Name and Citation:

BRINKMANN MASCHIENENFABRIK GMBH &CO. KG vs ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI., Case No. 2009/121; Decision No.2012/44 (Kartal / Istanbul Court of Intellectual and Industrial Rights)

Marks Associated with Goods/Services:

The defendant’s trademark registration no. 2006/06733 “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” covering classes 07 and 12.

Nature of Case:

Court action instituted for the cancellation of the defendant’s trademark registration 2006/06733 “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” on grounds that the plaintiff is the rightful owner of the trademarks “BRINKMANN” and “B+ device” and of the tradename “BRINKMANN MASCHIENENFABRIK GMBH” , that the trademark is registered in the name of the defendant in bad-faith as the defendant is the former Turkish distributor of the plaintiff and that is the registration thereof infringes the Trademark, Copyright and Trade Name rights of the plaintiff.

Overview of Decision and Ruling:

*The plaintiff claims that their International trademark application appl. no. 2007/64695 BRINKMANN filed through the World Intellectual Property Organization (WIPO) also designating Turkey has been rejected by the Turkish Patent Institute, based on the prior registration no. 2006/06733 “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” in the name of the defendant and that the plaintiff is the rightfull owner of the subject trademark which also includes the presently used identical “B logo” element and the trade name of the plaintiff. The plaintiff also claims that the defendant is its former local distributor since 2000 in Turkey and that the distributorship agreement only grants the “usage” of the BRINKMANN trademark to the defendant, and that the trademark “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” has been abusively registered by the defendant before the Turkish Patent Institute without any authorization of the plaintiff.

Based on these assertions claims, the plaintiff requests the Court to order the:
i. cancellation of the defendant’s registration no. 2006/06733 “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” ,
ii. prevent the trademark reg. no. 2006/06733 “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” to be used by the defendant according to Article 11 of the 556 No. Decree Law, until the finalization of the court action in course
iii. prevention of the assignment of the reg. no. 2006/06733 “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” trademark to third parties until the finalization of the court action in course

*The defendant requests the rejection of the court action on the grounds that they are the seller and representative of the “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” trademark in Turkey since 2000 and that they have introduced as well as developed a well-known and distinguishing character of the trademark before the Turkish consumers. The defendant claims that due to the effective use and the reputation of the trademark “BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” trademark in Turkey, the trademark has become vulnerable to 3rd party attacks and that despite all the warnings of the defendant to the plaintiff, the plaintiff did not take action against such infringement and register the trademark, therefore they have been obliged to obtain protection for the trademark in Turkey.

*In light of the evidence submitted by the parties and of the expert’s report which is in the favor of the plaintiff, The Court has determined that:

- on the application date of the trademark registration no. 2006/06933 there was the distributionship relation between the parties and the exclusive distributionship agreement between the parties has ended on 2009,

- the BRINKMANN trademark has been marketed and sold in Turkey only after 2000 and the defendant does not have any rights based on prior use over the BRINKMANN, B+device trademarks and BRINKMANN MASCHIENENFABRIK GMBH trade-name, thereby the Plaintiff is the rightful owner of the trademark

- the defendant does not have any justified reason to register the no. 2006/06933 trademark in Turkey,

In its decision the Court accepted court action by ruling to cancel the defendant’s trademark registration no. 2006/06933 "BRINKMANN MASCHIENENFABRIK GMBH ETYEMEZLER MAKİNE SANAYİ VE DIS TIC. LTD. STI.+B device” and to prevent the defendant to use and assign the subject registration to third parties until the finalization of this decision.

Importance of Case:

The Court decides to prevent the defendant to use the trademark registration no:2006/06933 "BRINKMANN Maschienenfabrik GmbH Etyemezler Makine San. ve Dýþ Tic. Ltd. Şti. + B logo” until the finalization of the Court proceedings. This decision comes to the conclusion that the defendant will not be able to use the rights originating of a registered trademark against any party, also including the plaintiff, during the court proceedings.

Contributing Firm: Deris Attorneys At Law Partnership
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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