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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 />
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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