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Jan 11, 2012
Isik Ozdogan, Moroglu Arseven Law Firm, Turkey
Ezgi Baklaci, Moroglu Arseven Law Firm, Turkey

A New Exception to Use Requirement


Isik Ozdogan, Moroglu Arseven Law Firm, Turkey, Ezgi Baklaci, Moroglu Arseven Law Firm, TurkeyThe Turkish Court of Appeals recently rendered a landmark decision regarding the trademark use requirement. According to Turkish practice, trademarks which have not been in use for five consecutive years (starting from the registration date) may be subject to non-use actions. According to local legislation and practice, only the use of a trademark in Turkey fulfills that requirement. Additionally, importing goods bearing the trademark is also considered as “use” for that trademark.
Now, the Turkish Court of Appeals granted a new exception to the above explained rule. In a recent lawsuit which was filed against an international broadcasting company for the cancellation of its trademark based on non-use, the Court of Appeals found that a trademark may meet the use requirement without actually being produced or served  read more