Acquiescence

Acquiescence prevents a right holder who failed to act in time from asserting that right later. Its foundation is the principle of good faith in Article 2 of the Turkish Civil Code: a right holder who stays silent for a long time creates legitimate reliance on the other side.

Invalidity Actions: The Five-Year Rule

Under IPL Article 25(6), a trademark owner who has remained silent for five consecutive years while knowing, or being expected to know, that a later mark was being used cannot rely on its mark as a ground for invalidity, unless the later registration was made in bad faith.

Elements:

• The later mark is registered and actually used
• The earlier right holder knew or should have known of that use
• Silence for five uninterrupted years
• The later registration was not made in bad faith

Infringement Actions

The law sets no fixed period for infringement actions. The Court of Cassation assesses each case under the good-faith principle. An action against use that was knowingly tolerated for a long time, and in which the other party invested, may be dismissed on grounds of acquiescence. The extent of the use and the other party’s good faith are important.

Practical Consequences

Trademark owners should monitor competing uses and act within a reasonable time once they learn of an infringement. For later users, dated evidence of long, open and known use is a strong defence. See Trademark Invalidity and Trademark Infringement.