The Legal Battle Over the Name ‘Hermes Sahaf’
Ümit Nar, a 16-year-old second-hand book seller in the Güzelyalı neighborhood of İzmir, Turkey, decided to name his shop ‘Hermes Sahaf’. He applied to the Turkish Patent Institute to register the name on December 30, 2021. As the president of the Association of Second-Hand Booksellers, Nar patiently waited for the registration process to be completed. However, lawyers representing the French luxury fashion brand Hermes objected to the registration, claiming it infringed on their commercial name.
After the Turkish Patent Institute rejected Nar’s application, he took the matter to the Ankara Intellectual and Industrial Rights Court to fight against the objection from Hermes. The third hearing of the case took place on June 29. The court is still deliberating on whether Nar should be allowed to use the name ‘Hermes’ for his bookshop.
Legal Victory for Hermes Sahaf
Ümit Nar, who has been in the antiquarian business since 2008, describes Hermes as a character who protects artists and acts as a messenger between humans and gods. In the final days of 2021, Nar applied to the patent office to register the ‘Hermes Sahaf’ brand. After a two-year process, there were objections from the other party’s lawyers. The High Consultation Board of the Patent Office found me right in 3 out of the 4 objections raised by the law firm, and in 1 they found them right. The point they found me right on was the issue of similarity and confusion. However, such similarity or confusion is not possible. We filed a lawsuit in the Intellectual and Industrial Rights Court in Ankara. The case has been ongoing for a year. The third hearing was held on June 29th. The court found me right and paved the way for my trademark registration.
A Legal Battle Won
Ümit Nar, who has been in the antiquarian business since 2008, emphasizes the importance of the Hermes myth in his work. Hermes is seen as a symbol of protection for artists and a messenger between humans and gods. In 2021, Nar applied for a trademark for his brand, ‘Hermes Sahaf’. Despite objections from the other party’s lawyers, the Patent Office’s High Consultation Board ruled in Nar’s favor on 3 out of the 4 objections. The issue at hand was that of similarity and confusion, which Nar vehemently denied. A lawsuit was filed in the Intellectual and Industrial Rights Court in Ankara, which has been ongoing for a year. The court’s decision, reached during the third hearing on June 29th, found Nar to be in the right and allowed for the trademark registration to proceed.
The Importance of Trademark Registration
Trademark registration is an essential step for companies to protect their brand identity and prevent others from using it for their own benefit. By obtaining a trademark, businesses can ensure that their cultural concepts and creations are legally recognized and cannot be misused by other entities.
In today’s rapidly changing economic landscape, it is important for companies to secure their trademarks to secure their place in the market. While a company may be large and successful now, there is no guarantee that it will remain so in the future. By registering a trademark, companies can establish a sense of permanence and security for their brand, regardless of any future changes in ownership or structure.
Trademark registration also helps to prevent smaller businesses and local entrepreneurs from using established brand names for their own gain. By establishing legal protections for trademarks, companies can ensure that their brand identity remains unique and protected from infringement.
Victory in Court for Hermes Sahaf Brand
I believe that the court’s decision to allow this change is a very important step. It is a great achievement. It may not be a complete victory, but it is a significant step towards victory. The court’s decision gives me the right to this name. I am in agreement with the court,” he said.
We Believe that Legal Precedents will be Set
Lawyer Hasan Hilmi Güllü, who considers the decision a victory, stated, “The first instance court has announced its decision and as a result, our application has been partially accepted, allowing our ‘Hermes Sahaf’ brand to be registered and used for certain services. This decision aims to prevent the registration of trademarks by other individuals in areas where major global brands do not operate, despite knowing that they will not use them.”
Victory in Trademark Battle
We consider the recent decision to reject a trademark application as a victory. This groundbreaking ruling has prevented a global giant from deviating from the purpose of the trademark registration institution and acting against its spirit, to some extent. Following this decision, we believe that precedents limiting the “aggressive trademark registration policies” of such large brands will be established.
