Non-Use of Trademark

The owner of a trademark must use it for the registered goods and services. A mark that, without proper reasons, has not been genuinely used in Turkey within five years of registration, or whose use has been suspended for an uninterrupted period of five years, faces sanctions (IPL Article 9).

What Is Genuine Use?

Use must be real, directed at the market and sustained. Token use merely to preserve the right is not enough. Dated documents such as invoices, catalogues and advertisements, online sales pages and trade fair participation are used as evidence. Use with the owner’s consent, such as use by a licensee, counts as use by the owner.

Sanctions

• Administrative revocation: On request, TÜRKPATENT revokes the mark for the goods and services not used; see Trademark Revocation.
• Defence in oppositions: Where an opposition is based on a mark registered for more than five years, the applicant may request proof of use (IPL Article 19(2)); see Trademark Opposition.
• Defence in court: The same defence may be raised in invalidity and infringement actions (IPL Articles 25(7) and 29(2)).

Proper Reasons

Circumstances beyond the owner’s control that make use impossible or unreasonable, such as import bans or prolonged licensing procedures, may be proper reasons. Commercial choices or financial difficulty are generally not accepted.

Practical Tip

Archiving evidence of use every year helps prepare for future revocation requests and oppositions. For goods and services that have not been used for a long time, a fresh application is sometimes the safer route.