The Industrial Property Law No. 6769 (IPL) is an important legislation in Turkey that includes the fundamental regulations regarding the registration, protection, and invalidity of trademarks. Article 14 of the IPL regulates the invalidity of trademarks. According to this article, trademarks can be considered invalid or cancelled for the following reasons:

Non-Compliance with Registration Conditions: If a trademark does not meet the required conditions for registration (e.g., lack of distinctive character, being a generic term, etc.), it cannot be registered or can be cancelled if it has already been registered.

Similar or Confusingly Similar Trademarks: If a trademark is similar to or confusingly similar to another trademark that has already been registered or applied for, the trademark owner or a relevant third party can file an invalidity action.

Non-Use or Bad Faith Use: If the trademark is not used in good faith or is not used sufficiently within a certain period after registration, the trademark owner or a third party can request the invalidity of the trademark.

Violation of Public Order or Morality: If the trademark is used in a way that would harm the public or if the trademark itself is contrary to public order or good morals, the invalidity of the trademark can be raised.

Invalidity Action Process: The invalidity action is usually initiated by an application made to the Turkish Patent and Trademark Office (TÜRKPATENT) by the trademark owner or a relevant third party. The application should explain in detail the reasons why the trademark is invalid and provide evidence.

Judicial Process: If the decisions made by TÜRKPATENT following the evaluation of the applications are appealed or if there are more serious disputes, trademark invalidity cases can also be resolved in the courts.

Trademark invalidity actions are an important way to correct or cancel trademarks that violate trademark law or disrupt the competitive environment. If one of the cases listed in Article 5 or 6 of the IPL is present, the court shall decide on the invalidity of the trademark. Interested parties, public prosecutors, or relevant public institutions and organizations can request the invalidity of the trademark from the court. The trademark invalidity action is filed against the person registered as the trademark owner in the register or their legal successors at the time of the lawsuit. The Office is not a party in trademark invalidity cases. If the trademark owner has been silent for five consecutive years, despite knowing or being obliged to know that a later trademark is being used, the earlier trademark cannot be used as a ground for invalidity, unless the later trademark was filed in bad faith. If the trademark is declared invalid, this decision shall be effective from the date of the trademark application, and the protection provided by this Law shall be deemed never to have existed for that trademark. The specialized court for trademark invalidity lawsuits is the Intellectual Property Rights Civil Court, and the competent court is the court of the defendant’s place of residence.