Limiting or removing a registered trademark from the Turkish Trade Mark Register is known as “invalidation”. You can apply to invalidate a competitor’s trade mark basing on relative ground and absolute ground of refusal. Also bad faith by the contrary party and a non-use of a trademark within the time period of 5 years starting from the date of registration can be a reason for an invalidation action in Turkey.
Orbis Vista is also defending clients against incoming invalidation actions and understands the needs concerning amicable solutions once it is necessary.
To micably resolve an invalidation action by coming to a coexistence agreement is one of the most important things in such situations. Such a legal agreement between two parties to use the same or a similar trademark in the same or a similar market place under agreed conditions relating to distribution, promotion and retail channels allows two parties to use their trademarks within the terms agreed in the coexistence agreement without the fear of legal action or infringement.
This can help prevent the two parties from enduring potentially lengthy and costly legal disputes.