NEWSLETTER-2017

298 NEWSLETTER 2017 Invalidity In the event of existence of absolute or relative grounds of refusal, the interest owners, public prosecutor, or related public institutions and organizations may initiate a law suit against the trademark right owner. If the invalidity grounds are related to a certain part of goods or services subject to trademark registration, partial invalidity shall be decided. However, in the event the trademark owner actually knows or should know the usage of a later dated trademark for five years, the previous trademark may not be claimed as being invalid unless the later dated trademark registration is malicious. The decision on inva- lidity voids the protection from the very beginning. Revocation In accordance with the EU Trademark Directive as to the foresight of an administrative procedure with regard to revocation of trade- marks, the Law regulates an administrative procedure of revocation that is regulated under Article 26 of the Law. However, the mentioned article will enter into force seven years later, and such procedure will be conducted by the courts for seven years. In the event of non-usage of a trademark in Turkey for five years, the trademark becomes a common name for the goods or services for which the trademark is registered, or for misleading the public as to the qualifications, quality or geographical source of the goods or ser- vices which the trademark is registered for, revocation decision shall be given. Additionally, in the event of usage of guarantee and collective trademarks contrary to the technical specifications, the revocation decision shall be given. Revocation demands are notified to the trademark right owner. The trademark right owner submits his evidence and answers within one month. An additional term for evidence and answers may be granted upon the trademark right owner’s demand.