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How to Cancel a Registered Trademark in Turkey?

Ata Patent, Inc. is Istanbul based Turkish intellectual property law firm that meets its clients most demanding IP needs - from litigation to prosecution - in Turkey. Our patent, trademark and design patent attorneys help clients obtain, protect and enforce IP rights in Istanbul, Turkey. Ata Patent Inc. has assembled an experienced group of trademark attorneys to help clients obtain, protect and enforce intellectual property rights including trademarks in Turkey. Our trademark lawyers provide a broad range of patent services including; application, registration, protection such as litigation, appeal, opposition, cancellation, and assignment, monitoring, search, and licensing.

How to Cancel a Registered Trademark in Turkey?

Trademark cancellation law suits have several grounds. However, these cases are usually filed for reasons of prior usage or registration. Except for the reason of non-usage, the burden of proof is always on the plaintiff. The disclosure of evidence covering prior usage also becomes important before filing the lawsuit.

 How to Cancel a Registered Trademark in Turkey?, Turkish Patent Lawyers Istanbul, Turkey

The partial or total invalidity of a registered IP right may be requested from the Civil IP Courts or other civil courts of the first instance where specialized courts have not yet been established. The competent court for these cases is that of the domicile of the defendant who is the owner of the registered IP right in question.

Apart from trademark conflicts, cancellation cases mostly stand on the lack of novelty in patents and designs. The disclosure and evaluation of evidence by specialized attorneys who have a technical background in related matters is the leading fact in such actions. Evidence must be very strong in order to prove that the design and/or patent do not meet the protection requirements of novelty, individual character, inventive level and industrial applicability, among others.

Some established decisions of the Supreme Court are also being criticized. One of the most highlighted decisions concerns the recognition of the use of a registered IP right as legal and the prevention of the claim of unfair competition and compensation until the invalidation. This means that someone who registered an IP right without an examination, and somehow without objection, will have the right of usage until the end of the cancellation case, which may last for three years, including an appeal period. As this causes an unfair situation for unregistered right owners against bad faith registrars, the Supreme Court’s point of view is being widely criticized by practitioners, who say that these decisions are encouraging bad faith registrations.

Reach our Trademark Lawyers

Ata Patent, Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Since its foundation in 1996, Ata Patent, Inc. has been the choice of numerous clients throughout the World. Thanks to its nationally recognized patent law practice, our ip law firm is now one of the leading intellectual property law firms in Istanbul, Turkey. For a free consultation you may reach our trademark lawyers by sending an email to info@atapatent.com or through our Contact page.

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