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Article 27 - The effect of invalidation and revocation

Turkish Industrial Property Code (Law No. 6769)
Article 27

The effect of invalidation and revocation


Article 27

(1) If a decision related to invalidation of trademark is given in accordance with Article 25, such a decision will be effective from the application date of trademark and the trademark shall be deemed not to have had the protection provided by this Code.
(2) If a decision for revocation of trademark is given in accordance with Article 26, such a decision shall be effective on the date when the request for revocation is submitted to the Office. However, in case the conditions for revocation have occurred at an earlier date, it may be decided, upon request, that the revocation decision be effective as of that date. (3) Without prejudice to compensation claims of parties damaged due to negligence or bad faith of the trademark proprietor, retroactive effect of decision on invalidity or revocation regulated in the second sentence of second paragraph shall not affect the following cases: (a) Final and enforced judgments of courts in proceedings filed due to infringement of the rights provided by trademark, prior to the decision.
(b) Contracts established and performed prior to the decision.
(4) The fee paid pursuant to contracts in the scope of subparagraph (b) of third paragraph, may be requested to be returned partially or fully on the basis of equity.
(5) The final decisions regarding the invalidity or revocation of the trademark shall be effective for everyone.
(6) After finalization of the invalidation decision, the court shall ex officio send this judgment to the Office.
(7) After finalization of invalidation or revocation decision, the trademark shall be removed from the register and this situation shall be published in the Bulletin.


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