One Day Earlier Wins: Filing Date Priority and Proof of Genuine Ownership in Trademark Law

In its decision No. E.2024/48 K.2024/255, Bakırköy 1st Intellectual and Industrial Property Rights Court rejected an invalidation claim because the defendant's trademark application predated the plaintiff's by one day and the plaintiff failed to prove genuine ownership.

Case Summary

The plaintiff operates in the hearing aid sales and maintenance sector. Upon learning that the defendant had registered a similar mark in the same sector, the plaintiff filed an invalidation action alleging bad faith registration.

Court's Assessment

The challenged mark's application date (16.02.2023) predates the plaintiff's marks (17.02.2023 and 07.03.2023), so the conditions for invalidation under Article 6/1 were not met. Even a single day's priority is legally decisive. For genuine ownership under Article 6/3, the plaintiff submitted messaging records, a proforma form, and an official letter. The expert concluded these showed only preparatory steps, not actual trademark use. Social media photographs alone were insufficient. The invalidation claim was dismissed.

Key Legal Principles

• One day's difference is decisive: Filing date determines trademark priority; even a few days can defeat an invalidation claim.
• Preparatory use does not count: Plans, offer forms, and correspondence are insufficient to prove actual trademark use.
• Social media alone is not enough: Social media posts are insufficient on their own to establish genuine ownership.

This article is for informational purposes only and does not constitute legal advice.