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5-Year Cancellation Period Begins from the Date of Registration

"...The application date is used in determining the date from which the protection period starts. The registration date to be used in determining the 5-year period within which to file a cancellation action is set forth in Article 39 of the Decree Law titled 'Registration', which reads:

 
 

Where an application filed under the provisions of this Decree Having the Power of Law and the related Regulations, has been found to be without defects, to have had its deficiencies remedied, not to have been opposed within the prescribed period or to have had oppositions to it refused, it will be entered in the Register. The applicant will receive a 'Trademark Certificate of Registry'.

The registry must include the date of registration of the trademark;,the representation of the trademark;, the application date; the list of the goods or services in respect of the trademark; the classifications of the goods and services; the name and nationality of the proprietor of the trademark; the agent's name if applicable; the title, address and country of registry of the legal person ;and the changes relating to the trademark and to the rights of the trademark as well as other particulars specified in the Implementing Regulation.

The trademark registry is open to the public. Upon request and payment of the prescribed fee, a copy of the register will be made available.

Upon registry, a trademark must be published as provisioned in the Implementing Regulation including the information contained in paragraph two.

This article explains the registration process in detail.

...Therefore, in determining the date from which the 5-year period for filing a cancellation action starts, Article 39 of the Decree Law explaining the registration process in detail will be the guide. In this article, the registration procedure is defined, and it is stated that the trademark will registered in the registry after completion of all stages. This registration and registration date is the 'registration' date which will used as the basis for the beginning the period for filing a cancellation action.

...On the other hand, even if the date of 01/12/1997 had been taken as the basis for the beginning of the period, it would have become clear that the 5-year final term was not over on 19/11/2008, the filing date of the action. Hence, the Court's ruling that the action was filed within the final term and that there is no need to determine if bad faith exists, which is an exception to the final term limit, is correct as the action in question based on Article 42 of the Decree Law was filed within the 5-year final term limit. " (General Board of Court of Appeals E. 2007/11-974, K. 2007/962, D. 14.06.2007)

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