Countdown To Revocation Requests At The TPTO

In one year's time, trade mark revocation proceedings will be possible before the Turkish Patent and Trademark Office (TPTO). Güldeniz Dogan Alkan and Cansu Evren discuss the changes.

Article 26 of the IP Code

After years of proceeding with a Decree Law, the Intellectual Property Code no. 6769 entered into force in Turkey on 10 January 2017. Article 26 of the IP Code regulates the revocation of a trade mark registration. It foresees that the trade mark shall be revoked in the following conditions:

• Absence of genuine use (as per Article 9/1 of the IP Code).
• The trade mark having become generic or a misleading indication.
• Use of the trade mark contrary to the technical specifications for the guarantee mark or collective mark (as per Article 32 of the IP Code).