TÜRKIYE Law and Practice Contributed by: Meltem Manav and Yeşim Kumova, KM Legal
TURKPATENT within the same period. If the request is not filed or the fee payment information is not sub- mitted within this period, the renewal request may still be made within six months following the expiry of the protection period, subject to payment of an additional fee. A trade mark may also be renewed in respect of only some of the goods or services covered by the regis- tration. Pursuant to Article 9 of the IPL, a trade mark shall be revoked if, within a continuous period of five years following registration, it has not been put to genuine use in Türkiye by the owner in relation to the goods or services for which it is registered, without proper reason, or if such use has been suspended for an uninterrupted period of five years. The following shall also constitute use of the trade mark: • use of the mark in a form differing in elements which do not alter its distinctive character; • affixing the mark to goods or their packaging in Türkiye solely for export purposes; and • use of the mark with the consent of the owner, which is also deemed as use by the owner. These examples are not exhaustive. Under Turkish law, non-use does not automatically extinguish a trade mark but becomes relevant when raised as a defence. A registered trade mark may be revoked if not genuinely used within five years from registration or if use is interrupted for five consecu- tive years. Use must relate to the registered goods/ services and may include use on invoices, websites, catalogues or advertisements. Renewal or assignment does not qualify as use. A non-use defence may also be invoked in invalidity proceedings. Under Article 19/6 (1), IPL, in opposition proceed- ings, if the earlier mark has been registered for at least five years, the applicant may require the opponent to prove genuine use in Türkiye during the preceding five years or justify non-use. Failure to do so results in
rejection of the opposition; unused marks cannot be effectively relied upon. According to Article 26 of the IPL, interested parties may request revocation of a trade mark before TURK- PATENT. As of 10 January 2024, such requests are examined by TURKPATENT. Revocation requests are directed against the person recorded as the owner in the register at the date of the request or their legal successors. If the trade mark has been put to genu- ine use in relation to the registered goods or services between the expiry of the five-year period and the date on which the revocation request is filed, the request shall be rejected. However, use commenced within the three months preceding the filing of the revocation request shall be disregarded if preparations for such use began only after the owner became aware that a revocation request might be filed. 2.5 Trade Mark Rights and Limitations The rights arising from trade mark registration belong exclusively to the owner. Under Article 7 of the IPL, the owner may prevent, without consent: • use of an identical sign for identical goods or ser- vices; • use of an identical or similar sign for identical or similar goods or services where a likelihood of con- fusion (including association) exists; and • use of an identical or similar sign, without due cause, even for dissimilar goods or services, where the mark has a reputation in Türkiye and such use takes unfair advantage of or harms its distinctive character or repute. Article 7 further provides that, where used in trade, the following acts may also be prohibited: • affixing the sign to goods or packaging; • offering, marketing, stocking or supplying goods or services under the sign; • importing or exporting goods bearing the sign; • use in business papers or advertising; • use on the internet (eg, domain names, keywords or similar tools) creating commercial effect without a legitimate connection; • use as a trade or business name; and • use in unlawful comparative advertising.
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