6769 Sayılı Sınai Mülkiyet Kanunu’na Göre Tescilli Markanın Kullanılmaması ve Buna Bağlanan Hukuki Sonuçlar

Abstract

In order to benefit from trademark protection, the registered trademark should be used in compliance with the Code of Industrial Property.Otherwise, Turkish Patent and Trademark Institution would revoke a trademark which has not been used substantially in Turkey by its holder in the last five years from the date of registration without a valid reason or a trademark which its use has been paused for an interrupted five years. The usage of trademark along with other elements without changing its distinctive character, or on the goods or its packages with the sole purpose of export, or with the permission of its holder is considered as a usage of the trademark by its holder. The holder’s fail to use its registered trademark may result in rejection of its future application to register the same trademark and may also be used a defence against the holder in a case filed for the invalidity or violation of the trademark.