Ata Patent has assembled an experienced group of trademark lawyers in Turkey to help clients protect and enforce intellectual property rights and represent them in trademark cancellation lawsuits in Turkey.
Our trademark attorneys also provide services for; search, application, registration, assignment, renewals, refusals, and protection such as IP litigation, appeal, opposition, cancellation, infringement, monitoring, and IP licensing.
IP matters can be confusing, even for seasoned business owners. Ata Patent is here to cut through the complexity and offer guidance. We offer client-centric representation to a wide range of businesses and individuals, including those who are looking to secure their intellectual property or who are concerned about violating trademarks.
In today’s world, intellectual property is extremely valuable — now more than ever before. Brands can now reach a global consumer base with a simple click of the button online, thus enhancing the inherent value of business trademarks and copyright.
With the years of experience of our accomplished litigation attorneys, our firm has the ability to effectively represent our clients’ interests in a variety of IP litigation matters including trademark cancellation lawsuits in Turkey.
Trademark Cancellation Lawsuits in Turkey
Ata Patent handles trademark registration, opposition against a trademark application, and trademark infringement lawsuits for a wide range of companies. We draw on our significant experience and blend it with a realistic understanding of the client’s business environment.
Further, we manage our trademark practice with a team of skilled lawyers and legal assistants in order to provide our clients with customized, client-focused services that are prompt, proactive, and value-added.
Trademark cancellation lawsuits 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.
The partial or total invalidity of a registered trademark right may be requested from the Civil IP Courts or other civil courts in 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. Ata Patent’s experienced Turkish trademark attorneys represent clients in trademark cancellation lawsuits in Turkey.
Some established decisions of the Supreme Court are also being criticized. One of the most highlighted decisions concerns recognizing the use of a registered IP right as legal and preventing 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 rights 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 us for Trademark Cancellation Lawsuits in Turkey
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management.
We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, and litigate in IP courts and before TPTO.