Trademark Invalidity Case
Trademark Invalidity The filing of a patent cancellation lawsuit may be based on various reasons. A brand is considered commercially valuable. One of the commercial advantages of companies is that they have brand value. If a trademark right is being sued, legal requirements must be met. A request for cancellation of a trademark can be based on various grounds.
Once a trademark has been registered, the registered party can use the trademark name. One of them is the question of which situations lead to trademark infringement, while trademark owners wonder. Brands have business value for companies. A brand makes it easy for a company to be recognized by its target audience and potential customers. For these reasons, it is important for a company to have brand equity.
Conditions Causing the Invalidity of the Trademark
When applying for the cancellation of a patent, the conditions specified in the law must be met. According to the Industry and Property Law, in order for the court to decide on the invalidity of the trademark, it must be based on legal reasons. If a trademark has been registered for non-featured trademarks after the Trademark Registration No. If a trademark has been registered for the same or an indistinguishably similar trademark during the patent cancellation process, the invalidation request can be made to another registrant.
If a lawsuit is filed due to the invalidity of a trademark, this also applies to the trademark or signs with a distinctive function used by everyone in the business.
We are also looking for signs capable of distinguishing those belonging to certain arts. Patent cancellation lawsuit No. In the case of trademark invalidation, cases such as misleading the public about the quality of a good or service or misrepresenting the geographical source may also be the subject of lawsuits. In case the coat of arms, flag and other state emblems of the countries that are party to the Paris Convention No.
In addition, if historical and cultural values that are in the public interest are not covered by this Agreement, but are registered as trademarks, a lawsuit may be filed for their cancellation. If the signs and symbols of religious values are registered as trademarks, an action for annulment can be filed. In addition, if signs contrary to public order or general morality are registered as a trademark, an action for the annulment of the trademark can be filed. An action for annulment can also be filed for trademarks consisting of registered geographical indications.
How Does Brand Cancellation Happen?
In case of invalidation, a request should be made to the Intellectual and Industrial Rights Court. In case of cancellation of the trademark, these transactions are carried out under the supervision of the Turkish Patent and Trademark Office. Even if a lawsuit has to be filed for the cancellation of the trademark, the request is made to the Intellectual and Industrial Rights Court with a petition. In such applications, an action for annulment of the trademark should be filed. It is not possible to cancel the trademark without a court decision.