Trademark Cancellation Law in Turkey
Trademark Cancellation Law in TurkeyUpdated on Wednesday 01st February 2023
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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.
One of our lawyers in Turkey can evaluate your case and give you more information about usage rights and intellectual property registration in the country.
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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.
For more information about the registration process or legal assistance for trademark cancellation please contact our law firm in Turkey.