Draft IP Law_Newsl Series 3 (Non-use as a counter-claim)

According to the Article 14 of the current Turkish Decree Law no: 556 on Trademarks, it is possible to institute a court action for the cancellation of a registered trademark on the basis of the non-use if the trademark has not been put into use for the past 5 years period. However non-usecan only be claimed before the IP Court and Turkish Patent Institute is NOT entitled to consider and evaluate the use of the trademark, even if non-useis claimed by one of the parties during the examination of an objection and/or opposition.


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