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Recent Development
On February 2, 2021, the Turkish Patent and Trademark Office
("TPTO") Re-Examination and Evaluation
Board issued a ground breaking decision that under certain
circumstances, repeat trademark filings would constitute bad faith,
and set benchmarks in this regard ("TPTO
Decision").
As per Article 9 of the Industrial Property Law No. 6769
("IPL"), if, within a period of five
years following the date of registration, the trademark has not
been put to genuine use in Turkey by the trademark proprietor in
connection with the goods or services for which it is registered,
or if such use was suspended during a period of subsequent five
years, third parties can file an action against this trademark to
cancel it via a "non-use cancellation action". While
non-use cancellation actions were utilized in practice before the
IPL entered into force in 2017, after the IPL introduced the
genuine use requirement
