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ARTICLE · 02 MARCH 2021

How To Tackle Broad Trademarks Registered With No Intention To Use

Gün + Partners
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Gün + Partners

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Filing trademarks on a broad coverage of goods and services lists without intention to use is a common practice in Turkey.

TurkeyIntellectual Property

Filing trademarks on a broad coverage of goods and services lists without intention to use is a common practice in Turkey. Owners of such trademarks might have acted in bad faith at the time of filing, or could abuse their rights arising from such trademarks while enforcing them.

To illustrate, owners of trademarks having overly broad specifications may request third parties to pay a high amount of money to grant them letters of consent, to withdraw their opposition, or to engage in co-existence agreements with them in bad faith. Such trademark owners may also send cease and desist letters, file infringement actions and criminal complaints against third parties.

Those who face problems in using and registering their trademarks due to the existence of trademarks having overly broad specifications may file a revocation action against the trademark registrations due to non-use, or raise a non-use defence in opposition proceedings or infringement actions if five years

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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