In a locally unprecedented intellectual property appeal following a rejection of trademark application by the Trademarks’ Office, HAG usefully argued in front of the Court of Cessation its client’s, Eti Gida Sanayi ve Ticaret Anonim Sirketi’s, legal position. Whereby, the trademark application presented a cupcake shape known as “Pop Cake”, and argued that a food item’s shape, despite the Trademark’s Office remarks as to it being an industrial design and not a trademark, upon a long period of use and a unique representation would gain the necessary protection provided by the trademarks law as it would be, in itself, classified as a trademark.
