TurkAegean: Is it abusive to argue trademark invalidity on absolute grounds?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

TurkAegean: Is it abusive to argue trademark invalidity on absolute grounds?

Sponsored by

patrinos-logo.png
Greek flag over the sea

Manolis Metaxakis of Patrinos & Kilimiris Law Offices considers the implications of the EUIPO ruling in favour of the Hellenic Republic concerning the validity of the ‘TurkAegean’ trademark

The Turkish Tourism Promotion and Development Agency has applied before the EUIPO for the trademark ‘TurkAegean’ to designate tourism-related services. This trademark was initially accepted for registration by the EUIPO. However, the registrability of the mark was the subject of intense debate due to various absolute grounds under the EU Trademark Regulation (EUTMR) regime.

This was confirmed by decision C 58 927 of the EUIPO’s Cancellation Division of January 10 2025; under which, the application for a declaration of invalidity filed by the Hellenic Republic was upheld. It was particularly held that the trademark ‘TurkAegean’ was non-distinctive and descriptive, and, thus, invalid.

The EUIPO’s Cancellation Division was also called upon to rule on a preliminary issue; namely, whether filing an application for a declaration of invalidity could be regarded as an abuse of right. In this respect, it was held that unlike relative grounds, which protect a third party’s interests, absolute grounds are aimed at protecting general interests. It follows that the potential or actual economic interest pursued by the applicant for a declaration of invalidity is not of relevance and, consequently, there can be no question of an ‘abuse of rights’ while filing a declaration of invalidity of that type.

One must take into account that this kind of objection should, as a matter of law, be examined first; that is to say, before the deciding body gets into the substance of the case. The risk is obvious: a trademark that is actually invalid on absolute grounds may nevertheless survive because its registrability is linked with a third party’s potential or actual economic interests.

The above-mentioned ruling is well established. In fact, any approach to the contrary is not favoured by established EU case law. The purpose of the administrative procedure laid down in the EUTMR is, inter alia, to enable the EUIPO to review the validity of the registration of a trademark and to adopt, where necessary, a position that it should have adopted of its own motion (C-622/13, Section 42; C-450/13, Section 40).

In essence, this is about the fundamental principle of legality. All decisions concerning the registration of a sign as an EU trademark, which the EUIPO is called on to take under the EUTMR, are adopted in the exercise of circumscribed power and are not a matter of discretion (C-37/03, Section 47).

In plain words, there can be no immunity for a trademark that is actually invalid on absolute grounds. Legal certainty prevails.

more from across site and SHARED ros bottom lb

More from across our site

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article