Provisions and consequences of loss of right by remaining silent in trademark law

The principle of loss of right by remaining silent has been regulated by Industrial Property Law numbered 6769, however the consequences of the application of the principle have not been emphasized. The subject of this study is the principle of loss of right by remaining silent which has a special place in trademark law and the provisions and consequences of this principle. In this context, the generalia of the principle have been revealed, an investigation has been made under the comparative law and finally, the theoretical background of the principle has been shed light. In the second part, the application conditions of the principle are analyzed and concretized in the light of the judicial decisions and the opinions in the teaching. In the final section, the scope of application of the principle, its legal character as a defense tool and its consequences have been investigated on the theoretical plan, the foundations of which have been laid in previous chapters and our suggestions have been mentioned in line with the issues we believe to be subject to regulation.