Becoming Deceptive of Registered Trademark as a Result of its Use


İstanbul Medipol Üniversitesi Hukuk Fakültesi Dergisi, vol.2, no.2, pp.201-211, 2015 (Peer-Reviewed Journal) identifier


A registered trademark may become deceptive as a result of its use and create a danger of misleading the buyers as to the source, quality, features or geographical origin of the goods or services provided under that mark. In this article, circumstances which lead a trademark to become deceptive as result of its use are studied in the light of the related judicial precedents in Canadian, English and German laws and especially role of the public understanding of a mark's significance that comes from its manner of past use is taken into consideration. The conclusions derived from the study are presented in the context of Turkish Trade Mark Law and particularly by concerning well-known trademarks.