Guide for Proof of Usage has been published 29.09.2017

One of the most important innovations that came into force with the Industrial Property Law No. 6769 ("IPL"), which entered into force on January 10, 2017, is the "proof of usage". With the institution of proof of usage also named “non-usage defense”, it is aimed to enable effective use of registered trademarks and to prevent new entrepreneurs from encountering oppositions from non-used trademarks which is made up of an artificial market.

According to IPL Article 19 which regulates the proof of usage; oppositions made pursuant to IPL Article 6/1 it is necessary for the trademark that is the ground for opposition must be registered in Turkey for at least 5 years on the date of the contested trademark application or priority right date. With the request of the Applicant, Opposing party may be asked to show evidence on the serious usage of the trademark that is the ground for opposition in Turkey for the goods or services that are shown as basis or the Opposing party may show valid grounds of non-usage. . If the case cannot be proven by the opponent, the opposition is rejected.