Article 10: A Hidden Gem Of The Turkish Industrial Property Code

• Article 10 grants trademark owners the right to request the transfer of a trademark in case of unfair registration in the name of a commercial agent and/or representative
• The provision offers an underestimated and rarely applied tool for genuine trademark owners
• A recent Court of Cassation decision involving the marks HOLLIS and OCEANIC highlights the significance of this provision

Relevant rule of law

Article 10 of the Industrial Property Code ("the IP Code") reads as follows:

"If an identical or indistinguishably similar trademark is registered in the name of a commercial agent or representative without the trademark owner's consent, the trademark owner may request the court to prohibit the use of its trademark and to transfer the registration to it, unless the commercial agent or representative has a legitimate reason."