TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
• signs containing religious values or symbols. 4.11 The Madrid System Türkiye has been a member of the Madrid Proto - col since 1 January 1999 and started to accept international applications from that date. 5. Trade Mark Procedure for Inter Partes Proceedings 5.1 Timeframes for Filing an Opposition or Cancellation A trade mark application can be opposed by the related parties within a two-month time limit fol - lowing the publication date. The two-month time limit is not extendable. A cooling-off period is not defined in the Turkish trade mark legislation. Trade Mark Cancellation Under the IP Law, provisions allow for the initia - tion of a challenge against a trade mark regis - tration via a cancellation action within a span of five years following the registration date. Nev - ertheless, certain grounds for cancellation can be raised without temporal limitations – notably, if the trade mark was registered in bad faith or lacks distinctiveness. There is not any time limit for initiating a revoca - tion action based on non-use of the trade mark. Copyright Cancellation Given that there is not any registration process in copyrights, there exists no cancellation process either. 5.2 Legal Grounds for Filing an Opposition or Cancellation Trade Mark Opposition The opposition may rely on both the absolute and relative grounds of refusal. Turkish legisla -
tion recognises dilution as a ground for opposi - tion and also a ground for invalidation; however, if dilution is used as a ground for opposition, the opposing party must prove that the opponent’s trade marks are well known in Türkiye. Trade Mark Cancellation There are two types of cancellation proceed - ings. A trade mark can be revoked or declared as invalid. Grounds for Invalidation If one of the conditions mentioned under the absolute and relative grounds for refusal of a trade mark exists, the cancellation of a trade mark will be decided by the court. Grounds for Revocation The grounds on which a trade mark can be revoked are: • non-use of the trade mark for a continuous period of five years; • trade mark becoming generic for the regis - tered goods or services; • trade mark misleading the public concerning the nature, quality, or geographic origin of the goods or services for which it is registered; and • use of trade mark contrary to technical speci - fications for the guarantee mark or collective mark. 5.3 Ability to File an Opposition or Any related party is entitled to file an opposition. If the opposition is based on the grounds of prior use and similarity, the opponent need not hold a trade mark registration in Türkiye. However, in other grounds for opposition, the opponent must Revocation/Cancellation Ability to File an Opposition
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