Trademarks Annulment Due to non-use

According to Article 41 of the Registration of Patents and Industrial Designs and Trademarks Act approved in 2016, one of the grounds for annulment of the trademark registration certificate, is the non-use of a trademark, since having registered a trademark, some people fail to make use of it while preventing others from doing so.Therefore, it is possible that beneficiaries will request the annulment of a certificate to cancel such a monopoly. There are various challenges related to the concept of non-use, reasons for use, evidence to prove non-use and proof of force majeure, which are discussed in the context of four judgments made in the body of this paper.Relying on a descriptive analytical method and a library (and sometimes case study) approach, the article finally concludes that there is no judicial precedent in analysis which proves the case and the reasons for its use.However, it seems that according to the mentioned Act, the beneficiary must prove non-use. Moreover, it is also quite necessary to evaluate the evidence provided with regard to the trademark system, and the need to identify the real and active use of the trademark is important.