Having Valid Trademark Registration No Longer Creates Immunity Against Infringement Claims

Bakırköy 1st Civil IP Court, in an invalidation action against a registered trademark where trademark infringement and unfair competition is also claimed due to use of the challenged registered trademark, decided to accept the case and ordered for invalidation of the challenged trademark registration as per senior trademark rights of the plaintiff, also decided for determination and revocation of the trademark infringement and unfair competition caused due to use of the challenged trademark registration.

The decision was issued by Bakırköy 1st Civil IP Court in October 2021. The decision confirms that the use of even registered trademark may constitute trademark infringement and unfair competition against the earlier trademark rights.