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ARTICLE · 26 MAY 2016

Non-Use, As A Counter-Claim

Deris Attorney At Law Partnership
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Articles 19, 25 and 29 of the Draft clearly indicate that non-use can be asserted as a counterclaim during the examination of an opposition by the applicant and/or as a counter-claim during litigation before the Court by the defendant.

TurkeyIntellectual Property
Bilge Taşkara
Bilge Taşkara
Okan Çan
Okan Çan
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Current Legislation

According to the Article 14 of the current Turkish Decree Law no: 556 on Trademarks, it is possible to institute a court action for the cancellation of a registered trademark on the basis of the non-use if the trademark has not been put into use for the past 5 years period.

However non-use can only be claimed before the IP Court and Turkish Patent Institute is NOT entitled to consider and evaluate the use of the trademark, even if non-use is claimed by one of the parties during the examination of an objection and/or opposition.

Furthermore, there is no clear additional provision concerning non-use in the current Decree Law no: 556.

Proposed Changes by the Draft IP Law

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