Cancellation of the trademarks - Waiting for 2024 Parallel to the EU regulation, cancellation of the trademarks by the TP shall enter into force seven years after the date of the publication of the IP Code.
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The new IP Code No. 6769 has entered into force in January 10, 2017, and introduced significant changes. The IP Code changed the name of the Turkish Patent Institute as ‘’Turkish Patent and Trademark Authority’’ shortly called as ‘’TURKPATENT’’. DO NOT SKIP TO USE YOUR RIGHT TO RESPOND 3RD PARTY OPPOSITIONS AGAINST YOUR APPLICATIONS Proof of Use Accordingly, the applicant may request the opponent to prove use of the trademark(s) for the goods and services used as grounds to opposition on the condition that those trademarks were registered for more than five years starting from the application/priority date. If the opponent can prove the use, then the opposition will be accepted. If the opponent cannot prove the use, then the opposition will be rejected for those goods/services. Letter of Consent The co-existence principle has been introduced, accordingly, co-existence agreements and letters of consent will be accepted in overcoming senior identical or indistinguishably similar trade marks from being an absolute ground of refusal by the Turkish Patent and Trade Mark Office ex-officio. Trademark applications will not be rejected by the TP if a notarized consent letter, which indicates the express consent of the previous trademark owner to the submitted registration of application. Along with the new Code, by means of the letter of consent, a chance would be offered to rightsholders to register trademarks that is indistinguishably same/similar and have the same/similar goods and/or services to prior marks.

TRADEMARK PROCEEDINGS ARE SIMPLIFIED

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