Celebrity Name Registered as Trademark: Bad Faith and Full Invalidation
Bakırköy 1st IP Court invalidated trademarks registered using a well-known artist's name, finding bad-faith stockpiling and extortion intent under Article 6/9 of the Turkish Industrial Property Code.
Case Overview
A well-known Turkish artist sued a company that registered the artist's name as a trademark in classes 9 and 35. Claims under Article 6/4 (famous mark) and 6/6 (personal name) were both rejected for lack of evidence and commonality of the name respectively.
Bad Faith Under Article 6/9
Internet screenshots and sale listings showed the marks were offered for resale, not used commercially. The court found the registrations were made for stockpiling and extortion and applied the principle of indivisibility of bad faith, invalidating both trademarks across all classes.
Key Takeaway
Even when Article 6/4 or 6/6 grounds are unavailable, bad-faith registration under Article 6/9 remains a powerful invalidation tool.
FAQ
Can a third party register a celebrity name as a trademark in Turkey?
Yes, but stockpiling or extortion intent leads to invalidation on bad-faith grounds.
Disclaimer: For informational purposes only. Contact Elçi Patent for professional trademark advice.
Bakırköy 1st IP Court, Case No. E.2024/21, Decision No. K.2024/263, Date: 17.12.2024
Party names and trademark details are omitted for confidentiality.