The Turkish Court of Appeals rendered a landmark decision regarding the trademark use requirement. According to local legislation and practice, only the use of a trademark in Turkey fulfils that requirement.
The Turkish Court of Appeals rendered a landmark decision regarding the trademark use requirement. According to local legislation and practice, only the use of a trademark in Turkey fulfils that requirement. Additionally, importing goods bearing the trademark is also considered as ‘use’ for that trademark.
The 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 (which is registered in class 38) based on non-use, the court found that a trademark may meet the use requirement without actually being produced or served within Turkish borders.
In the lawsuit, the plaintiff alleged that the defendant was not broadcasting via cablecast and registered before the Radio and Television Supreme Council for the last five years, which proved that the subject trademark had not been in use in Turkey.
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Media, trademark use