Markanın Kullanılması Zorunluluğu ve Kullanılmamasına Bağlı Sonuçları

Abstract

Trademarks are signs used for centuries in order to distinct enterprise’s goods or services from the other. In principle, protection of trademark under the SMK (6769 numbered Industrial Property Law) relies on the registration of the trademark. However, if registered and protected trademark is not used in compliance with the law, trademark owner will face with a few consequences. The reason why use of trademark was regulated under the law is to encourage genuine use of trademark and prevent them to be stacked under the registration. With this purpose trademark must be used by its owner according to its function, genuinely for the registered goods or services in Turkey. In case of non-use or lack of valid reason for non-use, trademark can be revoked. Revocation became an administrative process with the new regulations. Besides cancellation, during the application of trademark, applicant may ask to proof use of trademark. The other consequence for non use of trademark is that it can be used as a defense. According to new provisions, in invalidity and infringement cases defendant can use non-use of trademark as a defense