351 / 469
MISCELLANEOUS
337
Board in respect of the appeals referred herein above at the competent
court within a period of two months beginning from notification of the
decision. Therefore, there shall be a decision of Re-examination and
Evaluation Board and it shall be final. The two months period is a lapse
of time. If this period is elapsed, then the lawsuit shall be dismissed.
The lawsuits against the TPI decisions shall be initiated at the judicial
courts. Article 71 of Decree Law no 556 envisages special courts for the
lawsuits to be initiated within the frame of Decree Law no 556 as the
competent courts. Ankara special court shall be competent and have
jurisdiction for the lawsuits initiated in respect of the TPI’s decisions
within the frame of Decree Law no 556 and for the lawsuits initiated
against the TPI by a third party who is damaged as a result of the decision
of the TPI.
The lawsuit shall be initiated in respect of cancellation of the decision
on refusal of registration application or cancellation of the decision on
refusal of the objection made regarding the registration application.
If the person whose application is refused on the absolute grounds for
refusal for registry of a trademark, which are listed in article 7 of Decree
Law no 556, does not receive a favorable result from TPI to its appeal;
may initiate a lawsuit before competent courts within the prescription
time. If the court decides that there shall not exist any absolute grounds
for refusal for registry, then upon becoming final and binding of the
court decision, no obstruction shall deemed to be existing with respect to
absolute grounds for refusal for application of a trademark registration.
In this case, objections may be made based only on the facts of relative
grounds for refusal for registration of a trademark objection
.
The person, who has objected to the decision on trademark registration
on the basis of relative grounds for refusal which are listed in article 8 of
Decree Law no 556, shall be entitled to initiate a lawsuit if his objection is
refused by TPI. If the court does not find the relative grounds for refusal
justified and dismiss the lawsuit, then no objection may be made to the
trademark registration application based on relative grounds for refusal.
In lawsuits initiated against TPI, the claimant shall be the person
whose objection or application is refused by TPI. The defendant shall be
TPI Directorate.