Trademark cancellation in Turkey
is possible for those trademarks that are found to have been previously used or registered in the country. The Turkish Trademark law
allows individuals or companies to file claims and enter into lawsuits in order to protect an existing and already registered trademark
The Turkish courts can declare a trademark invalid
in certain cases and those who want to make such a claim before court can request the services of an attorney in Turkey
who can help with legal representation.
The cancellation of a trademark in Turkey
According to the Turkish Trademark Law the grounds for trademark cancellation are as follows:
- prior use;
- subsequent trademark registration.
Article 8 of the law, “Relative Grounds for Refusal” stipulates that when the proprietor of a non-registered trademark makes an opposition, the trademark applied for is not to be registered if:
- the rights to that trademark or sign were acquired before the application date for the respective trademark or before the priority claim for the application;
- the sign allows its proprietor to block third parties from using it on grounds of prior extensive use and also to cancel the registration through court actions.
It is recommended to register any trademarks currently in use particularly for avoiding such cases when the grounds for trademark cancellation is prior longstanding use.
Non-valid trademarks in Turkey
Trademarks in Turkey are considered invalid if they are not used for a certain period of time. The invalidity of the trademark registration is determined by court decision. According to law, trademarks must be used within a period of 5 years from their registration and such use must be serious and not merely formal. The usage cannot commence within the three months prior to court action for the purpose of preventing the court action against invalidation.
Individuals or companies that make a trademark application in Turkey can also apply for a priority right on that trademark.