Malicious Trademark Registration: Cancellation Case

The registration of a malicious trademark is done to prevent the trademark protection of the real right owner. SMK article 6/9.

Presumptions of Bad Badness

• Trademark registration of former business partner
• Domestic registration of a well-known foreign brand
• Registration of a person in close relationship
• Trademark registration of a commercial competitor

Cancellation Process

1. Cancellation request to TPMK (5 years
2. Or directly to the court
3. Commercial commercial/intellectual property civil court
4. Decision

Proof

• Proof that the registered owner knows the trademark of the real right owner
• Commercial relationship documents
• Correspondence
• Common business history
• Reputation (foreign trademark)

Duration

• 5 years from the date of registration
• Indefinite for well-known trademark

Supreme Court 11. HD

11. HD accepts that bad faith registration is evaluated with "objective and subjective" criteria, and that even the real right owner being famous outside Turkey is sufficient.

Conclusion

• Trademark registration cancellation
• Transfer to the real right owner is possible
• Compensation (for malicious use)

Trademark lawyer recommended.