The Turkish Patent Institute (T.P.I.) has no authority to cancel
a registered trademark according to the current provision.
Proposed Changes by the Draft IP Law
The draft entitles T.P.I. in its article 26 to cancel (to
revoke) a trademark registration on the following grounds;
̶ In case of non-use of a trademark 5 years for
uninterrupted and without justifiable reason,
̶ In case the trademark has become common name for a
product/service as a results of acts or inactivity of the
̶ In case its use is misleading the public as the nature,
quality or geographical origin of those goods or services as a
result of the use made of it by the proprietor,
̶ In case it does not comply with technical regulations
governing the use of the guarantee or collective trademark.
According to the draft, the entry in force of the article 26
will be 7 years following to its publications. The courts would be
entitled to cancel the trademark during this 7 years period.
The period of 7 years for the entry in force of this provision
is parallel to EU Directive No. 2015/2436 of 16 December 2015 to
approximate the laws of the Member States relating to trade marks
whereby the Member States shall provide for an efficient and
expeditious administrative procedure before their offices for the
revocation or declaration of invalidity of a trade mark until
January 14, 2023.
(*) Turkey's new Draft IP Law is before the Parliament
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On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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