Akkas & Associates IP litigation lawyers represent clients in all aspects of intellectual property litigation including trademark cancellation lawsuits in Turkey. How to Cancel Trademarks in Turkey? Our IP trial attorneys have been involved in many of the cases that have defined the scope of intellectual property rights.
Our litigation section today carries on the traditions of over 30 years of courtroom practice, representing clients in a broad range of commercial and IP lawsuits including; trademark appeals, opposition, patent cancellation, trademark cancellation, renewals, assignment, monitoring, search, and licensing.
Our clients range from Fortune 500 companies to emerging companies to individuals. More specifically, the firm’s IP attorneys regularly counsel clients about patents, trademarks, copyrights, and trade secrets.
How to Cancel Trademarks in Turkey?
IP Litigation is the strength of our practice and the foundation for the firm’s success. Winning an IP case is the product of experience and the execution of a skillful, balanced strategy.
In IP litigation, Akkas & Associates capitalizes on its attorneys’ experience in having filed and prosecuted hundreds of trademark, patent, and copyright applications. Our teams of IP attorneys and trial lawyers have litigated all types of intellectual property matters in Turkish IP courts and the Supreme Court.
Ways to Cancel Trademarks in Turkey
Trademark cancellation lawsuits have several grounds. However, these cases are usually filed for reasons of prior usage or registration. Except for the reason of non-usage, the burden of proof is always on the plaintiff. The disclosure of evidence covering prior usage also becomes important before filing the lawsuit.
The partial or total invalidity of a registered IP right may be requested from the Civil IP Courts or other civil courts in the first instance where specialized courts have not yet been established. The competent court for these cases is that of the domicile of the defendant who is the owner of the registered IP right in question.
Apart from trademark conflicts, cancellation cases mostly stand on the lack of novelty in patents and designs. The disclosure and evaluation of evidence by specialized attorneys who have a technical background in related matters is the leading fact in such actions.
Evidence must be very strong in order to prove that the design and/or patent do not meet the protection requirements of novelty, individual character, inventive level, and industrial applicability, among others.
Some established decisions of the Supreme Court are also being criticized. One of the most highlighted decisions concerns the recognition of the use of a registered IP right as legal and the prevention of the claim of unfair competition and compensation until the invalidation.
This means that someone who registered an IP right without an examination, and somehow without objection, will have the right of usage until the end of the cancellation case, which may last for three years, including an appeal period.
As this causes an unfair situation for unregistered rights owners against bad faith registrars, the Supreme Court’s point of view is being widely criticized by practitioners, who say that these decisions are encouraging bad faith registrations.
Reach us to Cancel Trademarks in Turkey
Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s intellectual property law. Since 1992, our lawyers have been helping clients with complex legal challenges and maximizing opportunities for success.
Our law firm is now one of the leading IP law firms in Istanbul, Turkey. You may reach us to Cancel Trademarks in Turkey through our Contact page.