Administrative revocation and fair-trial guarantees in Turkish trade mark law: insights from the European Union, Germany and Spain

Abstract In Turkish law, pursuant to Industrial Property Code No. 6769, a request for the revocation of a trade mark must first be filed before the Turkish Patent and Trademark Office. The Office’s decision is subject to judicial review. Although this procedure does not entirely eliminate the right of access to a court, it weakens the effectiveness of the right to a fair trial due to the prolonged duration of the process, high costs and restrictions on the submission of new evidence. In cases where commercial activities are heavily dependent on trade marks, such procedural complications may undermine legal certainty and create significant economic uncertainty. A comparative analysis reveals that the legal systems of the European Union, Spain and Germany provide more flexible and efficient solutions. In EU and Spanish law, the complementary design of administrative and judicial remedies strengthens the right of access to a court. In the German legal system, the possibility of choosing between administrative and judicial remedies for the revocation of trade marks not only broadens the scope of judicial review but also promotes the resolution of disputes within a reasonable time. This comparison indicates that the current model governing trade mark revocation in Turkish law requires reconsideration. Adopting the dual-track approach embraced under German law would reinforce the right to seek legal remedies and provide a more balanced and effective protection of the right to a fair trial.