Trademarks are typically transferred by assignment during the acquisition of a business or business division, and when a business attempts to gain greater, more senior rights in a certain mark to gain an advantage over a competitor.
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.
According to the new Articles of the criminal procedure, IP related criminal actions are defined as public actions to which the IP right holder can joined. The procedure starts with a complaint filed before the public prosecutor, including the request for the confiscation of infringing products. If the prosecutor and/or the judge are convinced of the infringement, they order the police raid for the confiscation of counterfeits.
The registration of any trademark does not provide any additional protection but solely functions as the determination and registration of a right. So, in case of unfair utilization of the trademark by the others and violations of the trademarks, the holder of the trademark should monitor such unfair utilization and prevent the violations based on the rights stemming from the registered trademark through the judicial procedures at the competent courts.
Trademarks are the signs of the goods and services provided by any enterprise to make them distinct from those provided by other enterprises. Words, letters, numbers, drawings, pictures, figures, colors, logos, labels and a combination of these used specifically for the purpose of distinction of such goods and services may be accepted as trademark.
As in the case of all industrial property rights, registration and protection of the trademarks are national rights. So, any registered trademarks may enjoy the rights arising from registration only within the boundaries of the country where it is registered. Therefore, in order to benefit from the rights arising from registration, the trademarks should be separately registered in all of the countries of activity.
Any registered trademark shall be protected for a period of 10 years starting from the date of filing application. It is also possible to protect the trademark for a limitless time by renewing the same in each 10-years period.
It is important to take into account the reasons, which may obstruct the registration of a trademark. The filed applications for registration of a trademark shall be rejected in the following cases, which are named as â€œAbsolute Reasonsâ€.
The Judicial Decree in Effect of Law numbered 566 for the Protection of the Trademarks stipulates that if the trademark is not used for a period of 5 years uninterruptedly, then it shall be the reason for cancellation. Consequently, in trademark applications for registration, only the intended production or presentation of the goods and services should be specified. Registration of a trademark, which includes goods and services that are not to be used shall unnecessarily increase the registration costs and lead to cancellation of the trademark.