2024 marked a significant turning point for Turkish Trademark Law. A key amendment to the Industrial Property Code (SMK) brought about a revolutionary change in trademark cancellation procedures. In addition, the impact of technological advancements and international trends continued to shape Turkish Trademark Law. Let’s take a closer look at the key developments in trademark law in 2024:
A New Era for Unused Trademarks: Cancellation Authority Now with TÜRKPATENT
Perhaps the most noteworthy change was the amendment to Article 26 of the SMK. The authority to cancel registered trademarks due to non-use has been transferred from the Intellectual and Industrial Property Courts directly to the Turkish Patent and Trademark Office (TÜRKPATENT). This amendment officially came into effect on January 10, 2024.
- Why is this important? This regulation aims to make trademark cancellation processes much faster, more effective, and most importantly, less costly. Previously, cancellation lawsuits that could take years and incur significant expenses in courts can now be resolved through an administrative process within TÜRKPATENT. This means significant convenience for both trademark owners and the market.
- How will the process work? If a trademark is not genuinely used in Turkey for five years following its registration date without a valid reason, or if its use is interrupted for five consecutive years, any interested party can apply to TÜRKPATENT for the cancellation of the trademark. TÜRKPATENT will carefully review this request and make a decision.
- Expected Effects: This change is expected to significantly contribute to clearing “idle” trademark registrations that are not actively used in the market. Thus, the rights of businesses that are truly active and using their trademarks will be protected more effectively. It may also encourage a more conscious and selective approach in trademark application and registration processes. In other words, instead of registering trademarks simply “to have them,” the focus will be on registering trademarks that will actually be used.
Combating Bad-Faith Trademark Applications
TÜRKPATENT continued its determined fight against “bad-faith” trademark applications in 2024, those aimed at unfairly exploiting others’ well-known trademarks or commercial reputation. These malicious applications were closely scrutinized, and efforts were made to reject them whenever possible. TÜRKPATENT’s meticulous and exemplary practices in this regard can be a source of inspiration for many countries.
Landmark Decisions Shaping Trademark Law
In 2024, as in previous years, important landmark decisions were made by TÜRKPATENT and the courts, clarifying the fundamental principles of trademark law. These decisions established significant legal precedents, especially on critical issues such as likelihood of confusion, bad faith, acquired rights (previously acquired rights), and the use of a trademark in a trade name. These landmark decisions will serve as guiding principles for similar cases in the future.
The Rise of Technology and Artificial Intelligence
The rapid advancement of technology and the increasing prevalence of artificial intelligence have brought new discussions in the field of trademark law. Issues such as the relationship between physical products and digital or virtual products, trademark use in virtual environments, and the protection of trademarks “generated” by artificial intelligence have come to the fore. Although there is no finalized legal regulation on these issues yet, international discussions and developments are being closely followed and are expected to affect Turkish trademark law in the near future.
Updates to the Nice Classification
It is expected that the changes made to the Nice Classification, used for the international classification of trademarks, will also be implemented by TÜRKPATENT. These updates are of great importance, especially for the accurate classification of newly emerging products and services and for the more effective execution of trademark registration processes.
Combating Trademark Counterfeiting in E-Commerce
With the spread of e-commerce, trademark infringement on online platforms, especially the sale of counterfeit products, continues to be a serious problem. The amendments made to the E-Commerce Law No. 7416 provide new legal tools for trademark owners to combat these infringements more effectively. This law places an obligation on intermediary service providers (ETAHS) to remove the relevant product/content from the platform if they receive a lawful complaint regarding intellectual and industrial property rights infringement on their platforms.