Assigning Trademarks During Pending Lawsuits

According to Turkish Trademark Legislation, if a trademark has not been used or the use has been suspended for a five-year period, the trademark shall be due for cancellation. A non-use action may be initiated against the proprietor of the trademark on whose name the trademark stands, at the time when the lawsuit is initiated. However, what happens if the trademark is transferred to a third party during the non-use action?

The Assembly of Civil Chambers rendered a landmark decision about transfer of a trademark during the period that it is subject to non-use actions. In a recent lawsuit covering this topic, the assembly decided that the plaintiff should proceed to legal action with the new proprietor. The assembly stated that the transfer of a trademark has the same effect as the 'transfer of the claim' and the assignee shall take over the trademark with all its rights and claims. For this reason the ongoing non-use action will remain as it is and will continue with