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

While the US and the UK remain the biggest markets for representation of women, their lead has narrowed
Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Gift this article