Competent Court in Trademark Invalidity Actions: Defendant's Domicile Rules — Ankara 1st IP Court 2025/230

Which court has jurisdiction over trademark invalidity claims is a procedural question that frequently arises in Turkish IP litigation and, when answered incorrectly, leads to significant delays and wasted costs. The decision of Ankara 1st IP Court numbered 2025/230 reconfirms the answer under the clear text of the Industrial Property Law.

Summary of the Case

The plaintiff filed an action before Ankara IP Court seeking invalidity and cancellation of the registered trademark "kampüs rotam danışmanlık akademisi" (campus route consulting academy), together with a request for interim injunction.

The defendant raised two objections: procedurally, that the competent court was the IP court at the defendant's own domicile, not Ankara; substantively, that there was no likelihood of confusion between the marks, that the plaintiff's mark was inherently weak, and that the action had been brought in bad faith.

Court's Analysis

The court addressed the jurisdictional objection first. Article 156(5) of the Industrial Property Law No. 6769 is unambiguous:

"In actions brought by third parties against the owner of an industrial property right, the competent court is the court at the place of the defendant's domicile."

The court determined that the defendant trademark owner was not domiciled within Ankara's jurisdiction and accordingly held that the competent court was the IP court at the defendant's place of residence. No ruling on the merits was issued.

Ruling

The court declared lack of jurisdiction under Article 19 of the Civil Procedure Code, identified the competent court, and left costs to be assessed by the competent court. The decision is final.

Practical Takeaway

Before filing a trademark invalidity action in Turkey, counsel must confirm the defendant's registered domicile. Filing in the wrong court wastes months and money — a simple jurisdictional check at the outset prevents an entirely avoidable procedural setback.