Partial revocation of a trademark due to non-use

The first legal regulations regarding trademark rights, which have been used for many years to distinguish goods from one another, were enacted in the 19th century. Over time, the importance of trademarks in economic and commercial life has grown significantly, and they have become a major intangible asset for enterprises. From the perspective of consumers, trademarks serve several important functions, including indicating the source of the goods or services they use and distinguishing them from other goods or services. However, these functions of trademarks can only be fulfilled if these trademarks are properly used. For this reason, in many legal systems, including Turkey, the non-use of trademarks is associated with certain legal consequences. However, the question of how to proceed in cases where a trademark is only used in a specific part of the goods or services class for which it is registered remains a subject of controversy. In this study, the obligation to use a trademark and the principles of use will be examined, along with the case law of the European Union and Turkey, and findings and evaluations regarding partial use within a class will be made. In the first chapter of the thesis, the general principles of trademark rights will be examined, and in the second chapter, the criteria for the use of trademarks will be explained. In the last section, the administrative revocation institution, which was regulated for the first time in our law with the Industrial Property Law, will be examined, and solutions will be proposed for the more effective revocation of unused trademarks from the registry by evaluating the adequacy of the current use requirement regulations in terms of the intended purpose.