Towards Harmonization: TÜRKPATENT's Changing Stance On Acquired Trademark Rights

The Turkish Court of Appeal and Turkish Patent and Trademark Office's (TÜRKPATENT) diverging practices in terms of implementing the acquired rights principle has been a controversial issue (see "Navigating Controversies And Conditions Of Acquired Rights, Evaluating Different Approaches Of TÜRKPATENT And Court Of Appeal In The Light Of The Administrative Cancellation Actions")

The key distinction between TÜRKPATENT's practice and that of the Court of Appeal has so far lain in the requirement for the use of the trademark registration underpinning an acquired rights claim. While TÜRKPATENT has focused on the five-year registration period regardless of use, the Court of Appeal has explicitly required actual and serious long-term use as well as registration for recognizing acquired rights claims.