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

After Matthew McConaughey registered trademarks to protect his voice and likeness against AI use, lawyers at Skadden explore the options available for celebrities keen to protect their image
The Via members, represented by Licks Attorneys, target the Chinese company and three local outfits, adding to Brazil’s emergence as a key SEP litigation venue
The firm, which has revealed profits of £990,837, claims it is the disruptive force in the IP-legal industry
In the first of a two-parter, lawyers at Santarelli analyse the patentability of therapeutic inventions where publication of clinical trial protocols occurs before the application's filing date
Arun Hill at Clarivate assesses the Top 100 Global Innovators 2026 list, including why AI has assumed a strategic importance for innovation
Practitioners and law firms should keep their eyes peeled for the shortlists for our annual awards
Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
News of White & Case asking its London staff to work from the office four days a week and a loss for Canva at the Delhi High Court were also among the top talking points
With boutiques offering an attractive alternative to larger firms, former Gilbert’s partner Nisha Anand says her new firm will be built on tech-smart practitioners, flexible fees, and specialised expertise
Gift this article