Advertising Saves The Day In Turkish Service Mark Non-Use Case

In a 2016 Turkish case, the Assembly of Civil Chambers clarified the approach to interpreting evidence submitted to prove use of service marks in non-use actions. The decision clarifies how to prove use of service marks in Turkey for trademark owners.

The plaintiff filed a trademark application but this was rejected due to an earlier trademark, prompting the plaintiff to initiate a non-use action against the earlier mark. The earlier trademark covers various goods and services, including those in classes 37 and 43. The plaintiff claimed the trademark is used only for retail store services and that the unused services should be struck down.

The defendant sought dismissal of the non-use action. It claimed its trademark is used for retail store services as well as construction services (class 37) and services for providing food and beverages (class 43).