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acceptance is possible, as well. It should be emphasized that until this
stage, these processes are fulfilled by trademark representatives on
behalf of the right holders.
Action of Nullity of the REB’s Decision
The applicant, or the person who objects to the application, may
initiate an action of nullity in response to the decision of the REB with-
in 2 months, with the Ankara Civil Courts for Intellectual and
Industrial Property Rights (“CCIIPR”). This action does not automati-
cally prevent the usage of the rights that have arisen from the registra-
tion. Therefore, the claimant shall request a cautionary judgment to
halt the usage of the trademark and the rights that have arisen from this
action.
In this action, the defendant is the TPI. Aside from the TPI, in
accordance with the situation at hand, the applicant, or the person/s
who object/s to the application may be the defendant, as well. The
CCIIPR shall accept, reject, or partially accept or reject the case. An
appeal with the Court of Cassation is possible in connection with this
decision.
The CCIIPR is not entitled to register or cancel the trademark.
Therefore, the claimant shall execute the decision after it becomes
absolute. For example, in the event that the trademark is registered
wrongfully at the end of the proceeding, the claimant shall initiate the
below-mentioned action of invalidity to cancel the trademark.
Action of Invalidity
This case aims to withdraw the trademarks that are registered
wrongfully, and/or whose protections lose their grounds because of
various events that occur after the registry. Invalidity reasons are count-
ed conclusively under Article 42 of the Decree- Law. However, in
accordance with the established case law
2
, registrations that are made
in bad faith became a reason for invalidity. Nevertheless, the Court of
Cassation provides contradictory decisions, as well.
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2
Decision of the Assembly of Civil Chambers of the Court of Cassation, dated 16.07.2008 and
numbered 2008/11-501 E. 2008/507 K. may be given as an example in the relevant matter.