Turkish Trademark Cancellation Law Suits
Home | Practice Areas | Trademark Law | Turkish Trademark Cancellation Law Suits
Ata Patent Group handles trademark registration, opposition
against a trademark application, and trademark infringement law
suits for a wide range of companies. We draw on our significant
experience and blend it with a realistic understanding of the
business environment so as to wisely, but practically, apply the law
to meet clients' trademark needs to yield commercially viable
solutions. 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 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.
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.
Our patent & trademark attorneys are licensed to practice before Turkish Patent Institute to represent our clients' all types of intellectual property rights; including applications, registrations, and oppositions. Our IP litigation attorneys render patentability and patent, trademark, and copyright infringement opinions; litigate to protect intellectual property; handle arbitration, mediation, and other litigation alternatives; and negotiate licenses, franchising, and similar business transactions to maximize the value of such property.
