The Turkish intellectual Property Court is in 2020 years 10 In a ruling issued on Jan, Simply using a trademark as a domain name is not enough to prove that the trademark is actually being used. The above judgments mainly involve the plaintiff versus the defendant (Trademark owner) Have registered more than 5 But not used in Turkey for the specified services related to the revocation action.

In the above-mentioned trademark revocation action based on unused, The burden of proof is on the defendant. Turkey's intellectual property courts typically obtain expert reports from court-appointed experts that examine evidence and business books provided by defendants.

In the relevant case file, The defendant submitted evidence about the domain name records, Including the content of the contested trademark and websites operating using the domain name. The trademark was not used at the time of registration, It is put to use in a different way than registration.

The above documents were examined by experts appointed by the court, And came to a conclusion, That is, the defendant's business records and its website failed to prove that the contested trademark was used in the specified related services. And considering that the defendant has already used the domain name containing the contested trademark 5 years, This is sufficient proof that the contested mark has been used. however, The Turkish intellectual property court ignored the decision in the expert's report, The use of trademarks on specified goods and services is emphasized (For commercial purposes) Importance of, And that using a trademark as a domain name is not enough, And decided to revoke the trademark on the grounds that the contested trademark was not put into use.

Turkey's appeals court said in its latest ruling, If the trademark is used only as a domain name without being used on the specified goods and services, Then it's not enough to prove that the trademark was actually used. The decision by the Turkish Intellectual Property Court, together with the latest ruling by the Turkish Appeals Court, sets a precedent for future trademark disputes. In a word, One thing to note, Simply listing a trademark as a domain name is not enough to prove that the trademark is actually being used.

(Compiled from gun. av. tr)

Reprinted from China Intellectual Property Network   translation: Li Yanqiu　proofread: Liu Peng

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