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2018 ISSUE<br />

<strong>47</strong><br />

TURKEY<br />

GOssIP magazine is a<br />

Grup Ofis Marka Patent<br />

publication<br />

ISSN 2148-4821<br />

9 772148 482000<br />

MEET<br />

Sir James DYSON<br />

RETROLOGY<br />

WALKMAN<br />

ROBOT BEES<br />

Patent Stories


F O R E W O R D<br />

GOssIP<br />

November 2018<br />

Issue: <strong>47</strong><br />

Holder of Grant and Publishing<br />

on behalf of Grup Ofis Marka Patent AŞ<br />

Cenk SEVİNÇ<br />

Managing Editor<br />

Burcu GÖRÜCÜ<br />

Cenk Sevinç<br />

General Manager<br />

GRUP OFİS MARKA PATENT<br />

RITUAL is the KEY for SUCCESS<br />

“Routine, in an intelligent man, is a sign of ambition.” W.H. Auden<br />

W.H. Auden said “The surest way to discipline passion is to<br />

discipline time: decide what you want or ought to do during the<br />

day, then always do it at exactly the same moment every day, and<br />

passion will give you no trouble.”<br />

Mason Currey analyzed and explained in her book “Daily Rituals”<br />

how authors, inventors and scientists work and what their daily<br />

routines are. How did creators of masterpieces work, what did<br />

they do, how did they spend their days, in what kind of a discipline<br />

and order did they create their works?<br />

Alexander Graham Bell tended to work all day long except for<br />

three or four hours of sleep at nights. Sometimes he worked for<br />

twenty-two hours without sleep. Nikola Tesla used to start at half<br />

past ten and worked until five of the next morning. Tesla always<br />

got angry with people saying, “What is the point of achieving<br />

something in such a short time” and stressed persistently that life<br />

is not short; there is enough time to achieve something.<br />

Apart from these people, there are the ones who like to sleep at<br />

dawn, who wake up at four in the morning and work for five to six<br />

hours without a break, who wake up late, linger in the bed and<br />

think up ideas, who rent a hotel room to work, who go to the same<br />

café everyday, who determine how many coffees to drink, how<br />

many words to write, when to open letters, when to solve puzzles<br />

and when to take naps…<br />

Besides disciplined and devoted work, the secret of the success for<br />

these people who shaped the direction of science, technology and<br />

art and accomplished great things is that they always knew what<br />

they had to do and led their lives with this determination.<br />

Editorial Board<br />

Duygu ÇAKI<br />

Sevcan DAŞDAN<br />

Burak OCAKOĞLU<br />

Deniz Ece CEBECİ<br />

Sinem GÖZÜBÜYÜK<br />

Yasemin ÖZDEMİR<br />

Legal Advisors<br />

Atty. Filiz CANKAT<br />

Design<br />

Grafikir / www.grafikir.com.tr<br />

Kübra SÜTBAŞ<br />

Translation<br />

İkarus Tercüme<br />

www.ikarustercume.com<br />

Publication Genre<br />

Every three-month widespread<br />

periodical publication<br />

Place of Administration<br />

Atatürk Bulvarı No: 211/11<br />

Kavaklıdere ANKARA<br />

Tel: 0 312 468 50 00<br />

Fax: 0 312 468 44 55<br />

www.gossipdergi.com<br />

info@gossipdergi.com<br />

/gossipdergi<br />

/gossipdergi<br />

/gossipdergi<br />

Publishing<br />

Dumat OFSET<br />

Bahçekapı Mah. 2<strong>47</strong>7 Sokak No: 6<br />

Şaşmaz - Etimesgut / Ankara<br />

Tel: 0 312 278 82 00<br />

Grant and publishing rights of<br />

GOssIP Periodical belong to<br />

Grup Ofis Marka Patent AŞ. All rights<br />

reserved. Cannot be quoted from<br />

without providing reference.<br />

To many determined and successful ideas,<br />

Stay Tuned for GOssIP...


UNITED K<strong>ING</strong>DOM IS ALSO<br />

A MEMBER OF LAHEY NOW<br />

WHAT AWAITS EU<br />

TRADEMARKS AND<br />

DESIGNS SUBSEQUENT TO<br />

United Kingdom has become 54th country, to which<br />

a design application can be filed through WIPO,<br />

by means of signing off Geneva Act of The Hague<br />

Convention at the date of 13 March 2018.<br />

Previously, design owners who wanted to protect their<br />

designs in the United Kingdom could obtain community design<br />

protection by selecting European Union through WIPO or<br />

national means. However, after a while, the protection under<br />

the name of community design might not be provided for the<br />

United Kingdom who has initiated the process of leaving the<br />

European Union. Therefore, signing off Geneva Act of the Hague<br />

convention subsequent to this leaving process is good news<br />

for those who would like to protect their designs in the United<br />

Kingdom. By this way, as the act comes into force in 13 June<br />

2018, the applicants will be able to select the United Kingdom<br />

for their design applications filed through WIPO.<br />

MADRID SYSTEM KEEPS EXPAND<strong>ING</strong><br />

TOGETHER WITH AFGHANISTAN<br />

Afghanistan that signed off Madrid<br />

Protocol on 26 March 2018 has become<br />

the 101 st member of Madrid System<br />

enabling to collectively file trademark<br />

application in various countries.<br />

In Afghanistan, the protocol came into force on 26 June 2018.<br />

From this date on, the local trademark owners in Afghanistan<br />

are able to request protection in remaining 100 member<br />

countries only by filing a single application and paying a single<br />

fee. Turkey and India are the two main countries to which<br />

Afghanistan exports. Therefore, being a part of Madrid System<br />

will provide exporters with a great convenience in protecting<br />

their trademarks in these countries. Also, foreign companies and<br />

trademark owners, including giant import sources such as the<br />

United States, Kazakhistan and India are now able to protect<br />

their trademarks by means of simply filing an application to<br />

Afghanistan. Turkish trademark owners who are also a member<br />

of the system are also able to file a trademark application to<br />

Afghanistan through WIPO.<br />

The European Union (EU) trademarks and designs<br />

are valid in 28 countries that are members of the<br />

Union, including the United Kingdom. However,<br />

as is known, the United Kingdom has initiated<br />

processes to leave the European Union. But what<br />

kind of effects will this leaving process have on the<br />

EU trademarks and designs that are already valid<br />

In the United Kingdom?<br />

The United Kingdom and the EU<br />

Commission guaranteed in a way to<br />

continue to protect the registered<br />

trademarks and designs of the EU<br />

trademark and design owners in<br />

United Kingdom on the agreement<br />

draft which was published in the<br />

previous months. The published draft<br />

contains the EU trademarks and<br />

designs that were registered through<br />

both national means and WIPO.<br />

According to the draft, there will be a<br />

transition period covering the dates<br />

of 30 March 2019—31 December<br />

2020 between the EU and the<br />

United Kingdom who is to leave the<br />

Union on 29 March 2019. All of the<br />

registered trademarks and designs in<br />

question will automatically have the<br />

same protection rights in the United<br />

Kingdom until the end of this transition<br />

period. However, the same does not<br />

go for the applications which are not<br />

registered yet. Applications registered<br />

after the transition period will have the<br />

protection right in the remaining 27<br />

countries.<br />

WHAT IS BREXIT: Brexit is a word comprised<br />

of the words “BR” and “exit”. BR stands for<br />

Britain and Exit stands for “Leaving”. The<br />

word is generally used by those who support<br />

Britain leaving the EU.<br />

For the following 9 months subsequent<br />

to the end of the transition period,<br />

the EU application owners whose<br />

applications have not been registered<br />

in the United Kingdom yet, if they<br />

desire, may file their applications by<br />

claiming their previous application as<br />

priority. Thus, the protection period<br />

of their new applications will not be<br />

starting from the date of filing the new<br />

application but from the date of the<br />

claimed priority. However, there is not<br />

yet an article in the draft about how<br />

the administrative procedures and<br />

fees relating to those applications are.<br />

Apparently, the EU and the United<br />

Kingdom are in a serious co-operation<br />

in order to prevent the applicants from<br />

getting disappointed. Even though<br />

it is only a draft published, the latest<br />

developments are relieving to some<br />

extent for the EU applicants who are<br />

worried about what is going to happen<br />

to their applications at the end of the<br />

Brexit.<br />

4 AGENDA<br />

5


MONKEY SELFIE CASE<br />

If animals take photographs of themselves,<br />

can they have copyrights over those<br />

photographs? The result of the Monkey Selfie<br />

case may be the very answer to this question.<br />

DELAYED DESIGN APPLICATION PUTS<br />

REGISTRATION OF CROCS IN JEOPARDY!<br />

Judges in Luxembourg have affirmed the decision<br />

taken in 2016 by the European Union<br />

Intellectual Property Office (EUIPO) regarding the<br />

annulment of registration of Crocs sandals.<br />

David Slater who is a nature photographer,<br />

left his camera on the tripod and walked<br />

away out in the jungles of Indonesia where<br />

he went to take photographs of a group of<br />

macaque monkeys in 2011. As he walked<br />

away, one of the monkeys approached<br />

and took a photograph of himself. Slater<br />

published these photographs by naming<br />

them “Monkey Selfie” which attracted a<br />

great deal of attention on the internet.<br />

However, things changed after these<br />

photographs were used on the website<br />

named “Wikimedia Commons”.<br />

Slater requested the photographs to be<br />

removed from the website by stating that<br />

the copyright of the photographs belonged<br />

to him. However, Wikimedia rejected this<br />

request by stating that Slater was not the<br />

one who took the photographs, but the<br />

monkey.<br />

Following this event, PETA (People for the<br />

Ethical Treatment of Animals) filed a case<br />

in the name of the monkey against the<br />

photographer in 2015. PETA requested<br />

that the copyright of the photographs<br />

should have been given to the animal by<br />

claiming that the photographs were taken<br />

by the monkey. However, the judge rejected<br />

the request, stating that the case cannot be<br />

sustained on the grounds of the fact that<br />

the animals do not have capability to file a<br />

copyright infringement case even though it<br />

was the monkey who took the photograph<br />

without the help of the photographer.<br />

Even though PETA objected the court’s<br />

decision, later on the parties came to an<br />

agreement. According to the agreement,<br />

one fourth of the total income earned<br />

through the photographs will be donated to macaque<br />

monkeys of Indonesia.<br />

However, this agreement did not affect the court’s<br />

decision and the copyright of the photographs was not<br />

given to the monkey in the end.<br />

This case that could be considered as the first in its field<br />

may constitute an example for the similar ones that may<br />

occur in the future. Regardless of the result, it can be said<br />

that an important step was taken in terms of protecting<br />

legal rights of animals thanks to this interesting case.<br />

The Court of Justice of the European Union (CJEU) stated<br />

that aforementioned sandals made a debut for the first time<br />

during a boat show in Florida in the year of 2002 and were<br />

featured in the website of the company and consequently<br />

Crocs was late to submit their design application in 2004.<br />

In accordance with the EU laws, the designs can only be<br />

protected by means of a design application within 12 months<br />

at most after being released to the public. After the lapse of<br />

this period, the right of the design application is foreclosed.<br />

The course which led to the annulment of Crocs’ designs<br />

started with the filing of an allegation to the EUIPO by a<br />

French retailer who stated that Crocs’ designs could not be<br />

protected. Court of Justice of the European Union (CJEU),<br />

therefore, affirmed the demand relating to annulment on the<br />

account of the fact that anyone could have had access to the<br />

aforementioned design prior to the application.<br />

With more than 300 million of products sold worldwide and<br />

being favored by the world famous stars and presidents,<br />

Crocs now has 2 months to appeal to the subject matter case.<br />

However, no statements have been made by Crocs so far,<br />

regarding whether they will appeal to the case or not.<br />

By means of this decision, the fact that designers need to<br />

acquire their design registrations before marketing their<br />

product if possible or shortly after their products have been<br />

marketed, has been emphasized once again.<br />

adsoftheworld / Agency Network: McKinney<br />

6 AGENDA<br />

7


E X C L U S I V E I N T E R V I E W<br />

LESCON’S ENERGY SOURCE:<br />

AYDIN ERBAY<br />

Soles of oilman’s shoes were completely flat and<br />

pitch black due to constant exposure to heavy<br />

fuel and oil. That is when an idea popped up in my<br />

mind and I told myself that I have to create such<br />

a shoe that it must have spiked soles, it mustn’t<br />

become flat, its uppers must be dark colored, and<br />

its foot beds must be made out of rubber instead<br />

of PVC material and thus I started working.<br />

Metaphorically<br />

speaking,<br />

registration is<br />

the armor of<br />

a brand. It’s a<br />

guarantee for<br />

the consumer. It’s<br />

sort of a legacy,<br />

a safe harbor<br />

for carrying the<br />

brand into the<br />

future.<br />

Story behind the creation of Lescon brand is quite<br />

intriguing, could you summarize it for those who<br />

have never heard?<br />

We were manufacturing shoes out of plastic in<br />

the district of Nizip of Gaziantep. In time I have<br />

begun to think about what I can do more. During<br />

my travels in Italy in the 90s, I have created a<br />

vision for my business life. Probably because of<br />

my active personality, I aspired after creating a<br />

sportswear brand. In the year of 1992, we moved<br />

our company headquarters to Istanbul and<br />

began manufacturing sports shoes, and thus we<br />

became the very first brand producing football<br />

spikes in Turkey.<br />

The story of football spikes began during a stage<br />

in my life when I was in search of something<br />

and when I thought to myself that I need to do<br />

something different, especially when I saw an<br />

oilman fall down while he was working and saw<br />

that he was wearing a pair of flat bottom shoes<br />

as I helped him up...<br />

Our primary purpose was to create a shoe<br />

intended to those who work under harsh<br />

conditions and we fulfilled that. After then,<br />

this shoe we made began to be demanded<br />

substantially which prompted us to realize the fact<br />

that there is a need for such a thing. However, one<br />

day we received demand that was rather different<br />

in nature for these shoes: “We would like to buy<br />

one of your football spikes.” This term was so<br />

unfamiliar even for us (At that time these football<br />

fields with synthetic turfs where people play<br />

football have just begun to come into being). Quite<br />

naturally we answered, “what football spikes?”,<br />

it turned out that the very shoes we created for<br />

workers were actually football spikes worn in these<br />

fields.<br />

In the advancing years, we have expanded our<br />

product portfolio by adding sportswear and<br />

sports accessories in addition to sports shoes and<br />

became Turkey’s first and only active sportswear<br />

brand.<br />

Why did you choose the name of “Lescon” for the<br />

first and only active sports brand of Turkey?<br />

I once saw a very long word that stands for a rising<br />

value within the struggle of Native Americans in<br />

a magazine. When I removed the letters from the<br />

beginning and the end of the word, I saw that the<br />

word “Lescon” was standing right in the middle<br />

and that was the brand name I was looking for.<br />

In the year of 1995, we applied to Grup Ofis Marka<br />

Patent and acquired our trademark registration,<br />

thus the brand of Lescon was officially ours.<br />

Lescon is acknowledged as a well-known brand<br />

by the Turkish Patent and Trademark Office.<br />

How would you describe the significance of<br />

trademark registration?<br />

It is crucial. Metaphorically speaking, registration<br />

is the armor of a brand. It’s a guarantee for the<br />

consumer. It’s sort of a legacy, a safe harbor for<br />

carrying the brand into the future.<br />

Your vision was to create the very first sports<br />

brand of Turkey, which you accomplished. Now<br />

you are aspiring after making Lescon a world<br />

brand. What are your plans?<br />

We possess trademark registrations in 100<br />

different countries and presenting ourselves in<br />

all the countries is the foremost of our visions.<br />

The future of our occupation looks bright and<br />

very promising; there is a substantial comeback<br />

to sports and casual wear. There are magnates<br />

in the far east who come to their workplaces<br />

enduing sportswear and trainers, the trend<br />

turns onto that way. Our brand represents<br />

comfort. In the meantime, sports branches are<br />

developing. As long as people around the world<br />

work out and play sports, our sector will continue<br />

developing and making progress.<br />

There has been a serious competition among<br />

sports brands in recent years. Sponsorships and<br />

advertising works with celebrities and famous<br />

people are being carried out. What type of<br />

sponsorship activities does Lescon perform?<br />

We were the apparel sponsor of many sports<br />

club in Turkish Super Lig in the past. However,<br />

dressing famous people is a subject related to<br />

going retail. We believe that we need to increase<br />

the number of our retail shops in order to<br />

complete this process.<br />

We aim to increase our number of retail shops<br />

up to 200. We have 60 shops in 31 different<br />

cities and 800 corner shops at the moment.<br />

People should be able to buy products they see in<br />

advertisements and to allow people from every<br />

corner of our country to buy our products, we<br />

must proceed with growing in our objective of<br />

going retail.<br />

8 9


We, on the other hand, care for the comfort<br />

aspect. Aesthetics of shoes and apparel is of<br />

course important, however, what is essential for<br />

us is comfort, therefore, we make substantial<br />

technological investments to materials used inside<br />

shoes as well as to fabrics used in apparel along with<br />

our R&D team.<br />

You do exercise and workout in your private life and<br />

you narrate the importance of these. Is your interest<br />

in sports due to Lescon?<br />

I was already engaged in boxing in my youth, I am a<br />

very active person and also from Gaziantep. Being<br />

fit is quite difficult if you are from Gaziantep because<br />

of the delightful local cuisine, so I need to work out. I<br />

have been exercising regularly for 25 years and my<br />

job dictates that. If we can’t represent our brand with<br />

our physical conditions, I believe that would be very<br />

unrealistic.<br />

What is the core characteristic that differs Lescon<br />

from other brands?<br />

You must have encountered certain obstacles on the<br />

path of becoming a trademark you’ve set yourself upon.<br />

What is the formula for your success and what can you<br />

advise to entrepreneurs in this regard?<br />

If you believe in the goal you set for yourself, you can<br />

achieve whatever you want, that’s the end of the story.<br />

You must be strong and faithful enough to be able to<br />

overcome all the difficulties, must be crazy in fact. What<br />

we do isn’t really a reasonable person’s work…<br />

Having a vision is crucial. The work we do isn’t of daily<br />

characteristic, so to speak. One must work in accordance<br />

with ten-year, even twenty-year plans and must work<br />

really hard. The chief point in this line of work is to be us,<br />

not me. There is a confident, believing crew here, we are a<br />

team. We know our strength, we are aware of it. We don’t<br />

dream, we set goals.<br />

As Lescon, you keep close pace with the technology and<br />

you reflect this on to your products. Should you invent<br />

something, shall we say epoch-making, what would it be?<br />

People do many crazy things; self-tying shoes, shoes with<br />

pedometers...<br />

We are working to become<br />

rival to world’s leading<br />

brands. We want to achieve<br />

our goal of becoming a world<br />

brand after we accomplish<br />

our objective of going retail<br />

in our own country. We are<br />

aware of the power of our job<br />

and our trademark and we<br />

will reach our target step by<br />

step.<br />

We are a mono brand trademark in the category<br />

of world brands. You cannot see any brands other<br />

than Lescon in our retail shops. One of our ideals is<br />

“Producing highest quality with the most affordable<br />

of prices” and that is what we are trying to achieve.<br />

The most valuable<br />

brand of Turkey,<br />

-Lescon, because it<br />

is the first and only<br />

national sports brand<br />

of Turkey.<br />

The brand I use the<br />

most - Lescon<br />

Invention of the<br />

century<br />

-Lescon, because it’s<br />

the invention of my<br />

dreams.<br />

Interview: Sevcan DAŞDAN Photographer: Erkan AYAN<br />

10 EXCULUSIVE INTERVIEW<br />

11


P A T E N T S T O R I E S<br />

ROBOT BEES<br />

What would you think if we told you that honey<br />

bees that carry pollens from one flower to<br />

another by dancing under the sun all day and<br />

that provide enrichment to natural population<br />

through pollinating plants have become<br />

robots?<br />

“If the bee disappears from the surface<br />

of the earth, so would the humankind.”<br />

We would like to take a closer look at<br />

the honey bees, as this quote of Albert<br />

Einstein has started to be mentioned very<br />

frequently these days. Thanks to honey<br />

bees, plants are pollinated, fertilized.<br />

Furthermore, it is believed that the plants<br />

owe their very existence to the honey bees.<br />

When the number of honey bees has<br />

begun to decline as a consequence of<br />

the climate change, Walmart has started<br />

a study in this regard and invented “the<br />

robot honey bees” which will be able to<br />

pollinate plants just like honey bees.<br />

Patent application filed<br />

by Walmart in 2017<br />

indicates that the system<br />

functions based on the<br />

logic of pollination of the<br />

plants.<br />

Walmart has also submitted a patent<br />

application regarding these robot bees. In the<br />

said application it is mentioned that there are<br />

one or more unmanned devices comprising a<br />

pollen applicator created for applying pollens<br />

which are gathered from the flowers of a plant<br />

to a secondary plant. There is also a sensor<br />

system constituted in order to confirm that<br />

pollens gathered by the pollen applicator<br />

positioned on robot bees are successfully<br />

transferred to another plant. By these means,<br />

while achieving free roaming of robot bees<br />

among flowers, controlling whether the desired<br />

systematic is procured of not can be exercised.<br />

Will these robot bees which are the products<br />

of the technology and a brilliant intelligence<br />

be able to make honey just as the real honey<br />

bees can? The answer to this question, with<br />

existing technologies, is “No”. When compared<br />

to real bees, robot bees will be lacking<br />

characteristics such as making honey and<br />

reproduction, however, they will be able to<br />

carry out fertilization, pollination and pollen<br />

transportation.<br />

Although it still remains unknown to us whether<br />

robot bees will have a robotic appearance<br />

resembling to a real bee in terms of visuals, it<br />

is a certain fact that they will be with us in the<br />

near future. It appears that we will be able to<br />

consume fruits and vegetables conveniently for<br />

a long time thanks to the robot bees.<br />

We like to think about how the future<br />

will be shaped by the scientific<br />

developments. Some of the tv series<br />

and movies share their imagination<br />

with the audience to offer an insight<br />

into the future. Robot bees which are<br />

being worked on for an adaption to<br />

reality are actually not so different<br />

than robot bees that we come across<br />

in the show “Black Mirror”.<br />

Duygu ÇAKI<br />

12 13


C R E A T I V E D E S I G N S<br />

1001 TYPES<br />

OF OPENERS<br />

FOURTH ELEMENT:<br />

WOOD<br />

Those who favor wood in their kitchens<br />

will love these.<br />

THE KEY TO<br />

WEALTH<br />

HE’S A<br />

SOLDIER NOW<br />

Tin soldiers are replaced<br />

by “opener soldiers”.<br />

ONE WITH SKULL<br />

In case you want to<br />

examine the anatomy<br />

of an opener…<br />

FOR GENTLEMEN<br />

For ladies who are having<br />

a hard time finding<br />

alternative gifts for<br />

gentlemen…<br />

Invest your money in<br />

openers as gold prices<br />

are rising.<br />

ADORABLE<br />

PENGUIN<br />

While designing openers<br />

in different styles, animal<br />

lovers haven’t been<br />

forgotten.<br />

ELEPHANTS,<br />

EVERYWHERE!<br />

Elephants used frequently in<br />

decoration have become cute<br />

openers.<br />

GAUDY CORKSCREW<br />

Never seen an opener this fancy<br />

before? Here you go.<br />

START STAR<br />

WARS AGAIN<br />

This Millennium Falcon<br />

shaped opener is designed<br />

for sci-fi fans.<br />

DRIVE MY<br />

CAR-SHAPED<br />

OPENER<br />

Don’t drink and drive.<br />

Deniz Ece CEBECİ<br />

14 15


O B J E C T I O N !<br />

IMITATION<br />

IS THE SINCEREST<br />

FORM OF FLATTERY<br />

While the frozen food manufacturer KAWAN FOOD is forging ahead in<br />

the path of worldwide recognition, it is also putting up its first struggle<br />

against its imitations in Turkey. The trademark favored by those who<br />

seek practicality, flavor and freshness, succeeds in this struggle with an<br />

extraordinary decision.<br />

The trademark of KAWAN FOOD which<br />

has made its presence felt in food sector<br />

for more than 30 years, has managed<br />

to gain world’s attention for its frozen<br />

food products that embody a taste of<br />

Asia. Can frozen food be fresh? KAWAN<br />

FOOD feels quite confident in this regard<br />

thanks to the technologies it utilizes and<br />

alleges that food frozen by using correct<br />

methods can be as fresh as the very<br />

first moment. Initially, the trademark<br />

became industry-leading in its own<br />

country Malaysia, then has begun to<br />

forge ahead in the path of worldwide<br />

recognition, however, we have yet to see<br />

KAWAN FOOD in Turkey.<br />

Although registered in many different<br />

countries around the world, KAWAN<br />

FOOD has no application in Turkey<br />

yet. Taking its first step of trademark<br />

protection in Turkey with an objection,<br />

KAWAN FOOD has been acknowledged<br />

as justified in their objection by Turkish<br />

Patent and Trademark Office.<br />

Publishing of KAWAN trademark application which has<br />

been picked up on by Trademark Monitoring Department<br />

of Grup Ofis Marka Patent, was objected by the original<br />

trademark owner KAWAN FOOD. In addition to being<br />

identical to registered KAWAN FOOD trademark, classes<br />

of goods and services of the trademark application of<br />

KAWAN were also matching up with the field of activity<br />

belonging to the original trademark. The objection of<br />

KAWAN FOOD, despite the fact that it has no registration<br />

or use in Turkey, was accepted due to the recognized status<br />

of the trademark within the context of Paris Convention<br />

and the verdict of complete dismissal of the objected<br />

application was given. Relevant article of Paris Convention<br />

aims to protect a trademark which is in recognized<br />

status in any country that is a party to the convention<br />

notwithstanding the registration in other countries that are<br />

also parties to the convention.<br />

This expedient decision showed that acquiring trademark<br />

protection even without registration and use or without<br />

a certain level of recognition in Turkey is possible. This<br />

decision also shows the difference between a recognized<br />

trademark and a trademark that is recognized within the<br />

framework of Paris Convention.<br />

Cansu CİVELEK<br />

THE TRADEMARK HIDDEN IN THE PACK<strong>ING</strong><br />

DID NOT GO UNNOTICED<br />

Together with the Industrial Property Law<br />

numbered 6769, plenty of novelties came into<br />

force. Over time, the decisions given by the<br />

Turkish Patent and Trademark Office started to<br />

inform us about how to implement said novelties<br />

into concrete events.<br />

Before the Industrial Property Law numbered<br />

6769, during the period of the Decree-Law<br />

numbered 554, if a design application had a<br />

registered trademark on it which belonged<br />

to someone else, the decision would be<br />

given in favor of the owner of the registered<br />

trademark owner upon his opposition and<br />

the design which carries the said trademark<br />

would be cancelled completely. As there was<br />

no clear provision in the mentioned decree<br />

law in this regard, in accordance with related<br />

Article of EU Community Design Regulation<br />

constituting the source of Design Decree-Law,<br />

the attorneys used to act by looking at the<br />

provision regarding the nullity of registration<br />

of a design which involved a trademark, or a<br />

distinctive mark owned by a different entity. It<br />

can be said that this problem has been solved<br />

properly together with the new law.<br />

The trademark RUBY which is registered in<br />

the name of ETİ GIDA, one of the top biscuit,<br />

chocolate and wafer producers in Turkey, was<br />

used as a trademark on the packaging design<br />

by a third party. Based on the fact that the<br />

registered trademark should not be used on<br />

a design whose applicant is a third party, the<br />

opposition which was filed by the right owner<br />

was evaluated by the Turkish Patent and<br />

Trademark Office within the scope of the new<br />

provisions of the law.<br />

The decision given by Re-examination and<br />

Assessment Board stated that “it was<br />

seen that the trademark presented as a<br />

ground to objection was used as it was in<br />

the designs that were objected, and it was<br />

required to accept the objection based on<br />

trademark right. As a result, considering<br />

Article 68/5 of Law numbered 6769, it was<br />

decided to carry out registration processes<br />

by means of removing the phrase ‘RUBY’<br />

existing on the designs that were objected.”<br />

It was decided to perform registration<br />

processes with a novel visual expression by<br />

removing the trademark RUBY from said<br />

design application. Furthermore, it is here a<br />

criterion that the trademark presented as<br />

a ground to objection and the phrase and<br />

products on which it will be used that are<br />

subject of the objection are the same.<br />

As a result, it used to be decided that<br />

such designs are entirely revocated in the<br />

old Decree-Law practice. It is possible<br />

to register a novel design by means of<br />

removing the trademark from application,<br />

namely partial revocation of the design,<br />

upon the objection of trademark owner to<br />

designs bearing the registered trademark<br />

belonging to someone else along with the<br />

new law.<br />

BEFORE OBJECTION<br />

AFTER OBJECTION<br />

Atty. Filiz CANKAT<br />

16 17


WALKMAN<br />

Nowadays, it is so easy<br />

to reach any song, any<br />

singer, any album that<br />

each new technology<br />

taking place of the<br />

previous trend makes<br />

us rapidly forget the<br />

old ones. Listening to<br />

music by gramophone,<br />

pick-up, cassette<br />

player and even cd<br />

player technologies has<br />

never been as personal<br />

and free as Walkman.<br />

Walkman, changing music<br />

listening habit of people<br />

completely since it was<br />

released to the market, in fact<br />

has been the beginning of the<br />

change.<br />

The first version of Walkman which was<br />

a portable cassette player launched by<br />

Japanese electronic giant Sony in 1979 in<br />

Japan had FM radio, forward and backward<br />

buttons that run cassette forward and<br />

backward, play button that plays the<br />

cassette, battery slots and two earphone<br />

inputs in order that two persons can listen to<br />

music simultaneously. The most significant<br />

problem of the first model having blue-gray<br />

colors is that its lid opened repeatedly by<br />

itself. Therefore, Walkman II had a lid holder<br />

preventing tape lid to open. Moreover,<br />

headphones which came into our lives in<br />

those days, ends of which were covered<br />

by sponges and which were headsets like<br />

crowns were sold together with the Walkman.<br />

R E T R O L O G Y<br />

According to a rumor, Walkman has been<br />

developed by Nobutoshi Kihara, one of Sony<br />

engineers, when Akio Morita, co-founder<br />

of Sony, wanted to listen music without<br />

disturbing people around in aircraft travels.<br />

This product of Sony was sold in many<br />

countries with a different name while it was<br />

sold with the name Walkman in our country.<br />

Some of the names given to Walkman are<br />

“Soundabout” in America, “Stowaway” in<br />

England and “Freestyle” in Switzerland...<br />

The first Walkman prototype was the<br />

modified version of Pressman which is<br />

portable recorder. That recorder commonly<br />

used in those days had no cassette player<br />

feature and was rather expensive.<br />

One of the most popular of those apparatus<br />

was the Pressman of Sony again. Most<br />

significant difference of Walkman from<br />

Pressman was that it was provided with<br />

portable stereo audio output. Patent of<br />

that portable stereo system was granted<br />

to Andreas Pavel who is the inventor of<br />

Pressman.<br />

Although Pavel transferred his license of<br />

said patent to Sony, the patent case there<br />

between lasted for many years. Mobile music<br />

listening adventure initiated with Walkman<br />

proceeded without pausing since then.<br />

When CDs are started to be used instead<br />

of cassettes due to improved storage and<br />

music recording technologies, Sony created a<br />

CD player called Discman following Walkman.<br />

Discman of Sony did not attract the expected<br />

attention while it was not liked much by the<br />

people due to the fact that CD players were<br />

comparatively bigger, and music stopped on<br />

the move.<br />

Sony, achieved to protect trademark<br />

Walkman until today, is launching digital<br />

music players with the name Walkman<br />

nowadays. Furthermore, Sony named mobile<br />

phone (Sony Ericsson W810i) series, which<br />

were produced together with Ericsson for<br />

some time, after Walkman. Even though<br />

cassettes are replaced with CDs first and<br />

then digital music and music players, it<br />

seems that iconic effect created by Walkman<br />

will always be remembered.<br />

If you wish to maintain<br />

nostalgia of Walkman<br />

today; Elbow Cassette<br />

Tape Player which is<br />

connected to cassette<br />

tapes like a clamp and<br />

makes the cassette to<br />

play by means of its<br />

sensors thereon is cut<br />

out for you.<br />

18 19<br />

Burak OCAKOĞLU


G O O D I D E A S<br />

A BENCH AND ALSO A TABLE<br />

This modular produced bench can<br />

also be used as a table by means<br />

of rotating system. Wouldn’t it be<br />

very useful in airports where people<br />

sometime wait for long hours.<br />

THERE IS NO SHAME<br />

IN NOT KNOW<strong>ING</strong>; THE<br />

SHAME LIES IN NOT<br />

FIND<strong>ING</strong> OUT<br />

By the help of these table mats<br />

designed for perfect table set<br />

we may know better.<br />

CUTE MAGNET<br />

This lovely bird will enable us<br />

to store paper clips that are<br />

dispersedly lie on the table<br />

both more organized and<br />

more aesthetically.<br />

DON’T LET THE DOORS<br />

HIT THE WALLS<br />

The season is on, windows are<br />

opened, doors started to hit.<br />

This door stopper designed in<br />

the form of paper airplane is a<br />

kind to jazz up your home.<br />

THE BACKSEAT<br />

TRANSFORMS<br />

When your children are<br />

sound asleep on these air<br />

mattresses designed for the<br />

backseats you will be able to<br />

enjoy the journey.<br />

EXTEND IT<br />

AS MUCH AS<br />

POSSIBLE<br />

This design that<br />

enables you to adjust<br />

your table according<br />

to guest number will<br />

eliminate your space<br />

considerations.<br />

WHO ARE THE<br />

OLD HAND KEBAB<br />

CHEFS?<br />

CAUTION!<br />

IT’S A SHARK!<br />

A new one of various<br />

ice boxes came into<br />

being. Imagine these<br />

shark fins inside<br />

your beverages in<br />

summer…<br />

BEAUTY OF THE BALCONY<br />

Almost everyone loves sitting on the balcony<br />

and drinking some beverages or even working.<br />

Especially when there are flowers on your table...<br />

We loved this design that can be used both as a<br />

flower pot and as a table.<br />

SALT SHAKER AT MEALS,<br />

CACTUS ON TABLES<br />

This lovely salt/black pepper<br />

shaker will color up your<br />

kitchen tables and also<br />

amaze your guests.<br />

It has never been so<br />

easy to prepare chop<br />

sticks each having<br />

equal thickness. All<br />

you need is to have<br />

the product shown<br />

here.<br />

Deniz Ece CEBECİ<br />

20 21


I N V E N T O R S T O R I E S<br />

MEET<br />

Sir James DYSON<br />

James Dyson born in Norfolk, England in 19<strong>47</strong><br />

graduated from furniture designing and interior<br />

design in Royal College of Art. In 1970, before his<br />

graduation Dyson designed the “Sea Truck” which is<br />

a high speed assault boat and in 1974 he invented<br />

a handbarrow called the “Ballbarrow” which has an<br />

inflatable ball instead of a wheel that doesn’t sink into<br />

the soft ground. These were the times when the idea<br />

of the cyclone based bagless vacuum cleaner which<br />

is Dyson’s one of the biggest inventions came into his<br />

mind.<br />

In the production stage of Ballbarrow, Dyson<br />

recognized that the air filter in painting section was<br />

clogged by dust particles and thus the painting<br />

process took a long time. To find a solution for this<br />

problem, he developed a cyclonic tower in industrial<br />

sizes which separates dust particles from air by high<br />

speed air rotating with the centrifugal force which<br />

is 100.000 times stronger than the gravity. Dyson<br />

was wondering if the same system would work<br />

in a vacuum cleaner, so he rolled up his sleeves<br />

to put this idea into practice. He developed 5127<br />

prototypes for five years and finally achieving his<br />

goal, invented the first bagless vacuum cleaner of the<br />

world.<br />

At first, Dyson licensed his patent to<br />

a small Japanese company at as his<br />

invention did not attract the expected<br />

attention in his country at that time.<br />

However, his invention became quite<br />

popular in Japan. In the following years<br />

he started to work on a new model<br />

having his own name in England. He<br />

established his own research center<br />

and facility in 1993 and developed<br />

an apparatus that was able to collect<br />

superfine particles such as cigarette’s<br />

smoke and other microscopic particles.<br />

By means of the technology that he<br />

called Dyson Root Cyclone, two cyclone<br />

chambers that can capture microscopic<br />

particles while separating large dust<br />

and dirt particles in air took the place of<br />

conventional dust bags. Consequently,<br />

Dyson Root Cyclone became bestselling<br />

vacuum cleaner in West Europe.<br />

It is difficult to picture in the mind but<br />

he also invented a ventilator without<br />

propellers. A strong and cooling effect<br />

can be created without propellers<br />

by means of this invention called Air<br />

Multiplier which looks like it came<br />

straight out of science-fiction movies.<br />

James Dyson who is the inventor<br />

of cyclone technology, hand dryer<br />

machines using high pressure air ducts<br />

instead of heat, ventilators without<br />

propeller that cleans, cools and heats<br />

air, supersonic hair dryers was deemed<br />

worthy to be Knighted in recognition<br />

for his contributes to the business life in<br />

England. Dyson said that his next goal<br />

is to develop a smart robot assisting in<br />

housework.<br />

James Dyson hated<br />

bags of the vacuum<br />

cleaners clogged by<br />

dust and as well as<br />

their suction power<br />

reducing in time.<br />

The bagless vacuum<br />

cleaner that he<br />

invented as a solution<br />

for those problems<br />

was the starter of<br />

a global company<br />

earning more than<br />

3 million dollars<br />

annually.<br />

Dyson developed<br />

5.127 prototype<br />

for five years and<br />

finally succeeded in<br />

inventing the first<br />

bagless vacuum<br />

cleaner of the world.<br />

Yasemin ÖZDEMİR<br />

22 23


D I D Y O U K N O W ?<br />

F I R S T I N T H E W O R L D<br />

The first kashar cheese<br />

was made in the mids of<br />

19 th century much later than<br />

the other cheeses.<br />

The name kashar comes<br />

from the expression of<br />

rabbi as “kosher” that<br />

means the cheese is suitable<br />

religiously.<br />

Sticking plaster was invented<br />

by Earle Dickson working in<br />

Johnson&Johnson because<br />

of his clumsy wife who<br />

regularly cut her hands.<br />

Earle placed square cottons<br />

in middle of long sticking<br />

plasters and this idea<br />

attracted much attention.<br />

The first commercial film shot<br />

in Turkey in 1971 is a black and<br />

white commercial film shot<br />

for Turkey’s first fruit juice<br />

brand Meysu.<br />

POSTAGE STAMP – 1837<br />

Postage stamp which is generally used<br />

symbolically today was so important symbol<br />

that made its inventor awarded by Knight<br />

once upon a time. Rowland Hill was knighted<br />

by the King of England in 1837 for the said<br />

invention. The postage stamp spread all<br />

over the world in time rather than being a<br />

mark only used in Kings’ correspondences.<br />

PNEUMATIC TIRE – 1845<br />

Pneumatic tire patent ow which is granted<br />

by Robert William Thomson in 10 th of<br />

December 1845 attracted much attention<br />

when demonstrated. He sold his patent to a<br />

company after two years but the pneumatic<br />

tires were so expensive that no one bought<br />

them. Later on, John Boyd Dunlop filled<br />

tires not with water but air and patented it.<br />

Sales were good for this time and Dunlop<br />

established his first facility in 1899.<br />

The reason that sausage<br />

sandwich is called “hot dog”<br />

is because sausages used<br />

since 1800s were believed<br />

to be made of dog meat.<br />

Charles Fetman is the first<br />

entrepreneur selling hot dog.<br />

Delicious candy floss that<br />

damage our teeth was found<br />

by American dentist James<br />

Morrison and his pastry cook<br />

friend.<br />

The reason why USA is<br />

called as Uncle Sam is due<br />

to interpreting US indication<br />

written on meat crates sent<br />

to USA army in 1812 War as<br />

Uncle Sam.<br />

SCISSORS – 1893 PAPER CLIP – 1900<br />

Although it is completely a mystery that when<br />

or by whom it was invented, it is estimated<br />

that the invention dates back to times before<br />

Alexander the Great conquered Egypt.<br />

Because it is known that scissors were used<br />

in Egypt as a superiority symbol in fine arts<br />

developed after the conquest. Louise Austin<br />

who is the inventor of the scissors we use<br />

today patented this invention in 1893.<br />

The inventor of this invention which is small<br />

but very practical is Johan Vaaler. This<br />

interesting product which is made of metal<br />

wire to attach papers firmly and formed of<br />

two interlocked rings invented in 1900. The<br />

interesting aspect of this tool is that it is still<br />

used by people albeit it is not developed from<br />

the day it was made till today.<br />

24 25


L O G O S T O R I E S<br />

THE MYTHICAL STORY OF THE<br />

SIREN GIRL<br />

We will be taking a closer look at the logos of the well-known<br />

trademarks in our new category “Logo Stories”. We are going to find<br />

answers to the questions such as “where did it come from, what does<br />

it represent and for how long has it been used”? If you are curious<br />

about the logo story behind a specific trademark, you may get into<br />

contact with us via info@gossipdergi.com. Our first logo story relates<br />

to the world-wide known trademark STARBUCKS.<br />

How about meeting with the Siren girl on<br />

Starbucks’s logo?<br />

Of course, this girl is not real but a mythical<br />

mermaid with two tails. While mermaid<br />

with a single tail is a common mermaid,<br />

mermaid with two tails may yet be the Siren<br />

of Starbucks.<br />

When the name “Starbucks” was chosen<br />

as the trademark in 1971, the company<br />

was looking for an appropriate logo; a logo<br />

describing the trademark’s vision... During<br />

the search, they came across with a Siren<br />

gravure. This gravure was symbolizing the<br />

sea and the life in the sea, and the coffee<br />

that came from the sea; from paths of the<br />

overseas... At the same time, the town of<br />

Seattle in which Starbucks first appeared<br />

was a maritime town!<br />

Siren and coffee was so chimed in with each<br />

other that it was providing the trademark<br />

with a miraculous strength. They designed<br />

the logo with this strength and so the Siren<br />

girl came to existence.<br />

Historical Development of the Logo<br />

The logo, facing a couple of changes over<br />

time, initially included a few more details. In<br />

order to establish the brand perception, the<br />

logo was used together with the trademark.<br />

People got so used to see the Siren that<br />

even without using the name ‘Starbucks’,<br />

it became very easy to recognize the<br />

trademark, even when only the logo was<br />

used. While enjoying the proper pride of its<br />

unique logo identified with the trademark, we<br />

are looking forward to see what Starbucks is<br />

going to add to its Siren in the future years.<br />

1971 1987 1992 2011<br />

26 27

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