UNCONSTITUTIONALITY OF CANCELLATION OF TRADEMARK BY ADMINISTRATION DECISION ACCORDING TO INDUSTRIAL PROPERTY CODE NUMBERED 6769

Brand cancellation has been regulated in Article 26 of Industrial Property Law, Law No: 6769. In short, cancellation is for the Turkish Patent and Brand Office to release the rights on a registered brand upon request, when the conditions specified in the law exist. In this aspect, an administrative office is interfering with the right of ownership and is abolishing the right. Another condition that abolishes the right of brand is invalidity. Invalidity of a brand is realized by the court. In terms of protecting the basic rights and freedoms, any intervention that abolishes the right of ownership should be exercised through a court order. There is a contradiction in the fact that invalidity is reached through a court decision while cancellation, which has the same effect as invalidity, is exercised by an administrative body. On the other hand, based on the wording style of it, we believe that the provision related to cancellation is in violation to the freedom of seeking right regulated in Article 36 of the Constitution of the Turkish Republic