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Markanın iptali ve iptal halleri
(İstanbul Bilgi Üniversitesi, 2019) Aras, Meltem; Tosun, Yalçın
Unlike MarKHK no.556, revocation of trademark and grounds for revocation is regulated under the seperate provisions of the SMK no.6769. Therefore, the harmonization increased between Turkish Law and European Union Law which is referenced. In this scope, an admnistrative revocation procedure introduced as a new institution with the SMK regulation. According to SMK regulation, TPMK is accepted as authoritied to revocation a trademark. According to SMK, there are four grounds for revocation; non-use of trademark, trademark which is become the common name (generic), trademark which is become misleading, illegal use of collective marks and guarantee marks according to their technical regulations. Within the our study, explained the issues such as the trademark notion, national and international regulations, types of trademark, functions of trademark, acquisition of trademark. After that, revocation of trademark and grounds for revocation examined in detail with all aspects that included doctrine and the decisions taken in practice and comparison with EU Law. In this scope, examined and commented the decisions of abrogation held by Constitutional Court and their effects.