Experts committee at WIPO is yet to agree on the criteria's for Famous Marks while The Turkish Patent Institute has published its well known trademarks list for the purposes of internal application and in an attempt to create the basis for international studies. Though one may criticise the Institute on the criteria's and the creation of this list it should provide the basis for comparison with the criteria's for famous trademarks recommended by the WIPO expert's committee.
However the issue of a specific protection for famous marks is not a concern under the Turkish Law. The Turkish Trademark Act does not make a distinction between marks such as famous, well known and known trademarks. The only distinction is for well known status and the Law grants extensive protection to them by prohibiting registration of same or similar of the well known trademarks on any type of goods and services.
As a result for the same or similar marks to famous marks can not be registered in Turkey.
On the other hand the Trademark Act describes certain criteria's for the famous trademarks which can be understood as a specific protection for the famous marks. The Act states the likelihood of unjust benefiting from the well known status of a trademark as a reason for refusal of new applications even if they may not be same or similar and there is no likelihood of confusion. The Act also states that the likelihood of consumer confusions as a reason for refusal.
As a result of the extensive protection to well known trademarks and famous marks and the application of two criteria's as a basis for refusal it is possible to say that the Turkish Trademark Law provides protection to the Famous Marks although the law does not make a distinction for them.
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