Türkiye has introduced a pivotal change in its trademark law, effective January 10, 2024, transferring the authority for trademark cancellation actions from the courts to the Turkish Patent and Trademark Office (TPTO). This move is aimed at simplifying the process, particularly for cases involving non-use, generic trademarks, misleading trademarks, and those not adhering to technical specifications. The expectation is a quicker, more cost-effective administrative procedure, likely resulting in an increase in cancellation actions, especially for non-use.
Trademark owners are advised to proactively protect their marks by ensuring active use and considering new applications to maintain their rights. For those seeking to challenge a trademark, the TPTO now becomes the primary venue for filing cancellation requests.
This reform is anticipated to streamline the process, making it essential for stakeholders to stay informed and adjust their strategies accordingly. As the TPTO begins to implement these changes, the exact methodologies for examination and decision-making are yet to be fully disclosed, marking a significant shift from the traditional court-based evaluations involving expert committees and on-site inspections.
For further insights and personalized guidance, reach out to Saba IP at news@sabaip.com