Having Business In The Same Sector Is Sufficient For Proving "Legal Interest"

With its decision dated 31.01.2019, General Assembly of Civil Chambers of the Court of Cassation concluded that having business activity in the same sector of both the plaintiff and the defendant is sufficient to accept presence of legal interest in actions with a revocation request of a trademark based on non – use.

In the lawsuit filed before Istanbul (Closed) 4^th Intellectual and Industrial Rights Civil Court in 2012, the defendant's trademark was requested to be revoked partially for the goods that are not subject to use.

The defendant could not prove its serious use over the trademark however defended itself by noting that the trademark was "well-known" and includes the defendant's trade name and therefore it would not be possible for the plaintiff to register this trademark even if it would provide its revocation. Moreover, there is not even a trademark application filed by the plaintiff and rejected based on the defendant's trademark and in the light of