Obligation of using registered trademarks

Trademark has an important stituation in economic and trade between companies. The power that trademark has today is convincing financiers to have risks. Because of this power that trademark has in economic life, it is also important to protect it.There are some conditions to protect trademarks. One of them is obligation of using registrated trademarks which is so important to protect trademarks.Obligation of using trademark is placed in Numbered 556 Decree Law About Protecting Trademarks in article 14. According to article 14 paragraph 1, if, within a period of five years following the date of the registration procedure, the proprietor has not put the trade mark to genuine use in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to the sanctions. As it seems, the proprietor has given a five year clemency period to not use its trademark. İn this period the trademark will be protected even it is not used.According to article 14 paragraph 2; The following shall also constitute use within the meaning of paragraph 1:a.use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered;b.affixing of the trade mark to goods or to the packaging thereof in the Member State concerned solely for export purposes,c.using trademark with the consent of the proprietor,d.importation of goods with the trademarks.Sanctions of for non use of a trademark is placed in Numbered 556 Decree Law About Protecting Trademarks İn Article 42/1 (c). According to this article, trademark will not be declared invalid on the ground of not obeying to the Article 14. İf the proprietor begins genuine use after the five years, the trademark shall not be cancelled. İf the proprietor begins using trademark to avoid the cancellation, the court will not consider three months usage before the case. The cancellation of trademarks is done by courts in stead of administrative units.