The new Turkish IP Code no. 6769 ("IP Code"), which is
now in force for almost more than a year, introduced the
possibility for the trademark applicants to put forward the non-use
claim as a defense and the possibility to settle the opposition via
mediation.
Non-use Counterclaim:
According to Article 19 of the IP Code during the examination of
an opposition filed against the publication of a trademark
application, upon request of the applicant, the Office is entitled
to ask the opponent to prove the use of the trademark on which the
opposition is based. In case the opponent is unable to prove the
serious use of his trademark in Turkey or there is no legitimate
reason for non-use, the opposition is rejected. In case the use of
the trademark is only proven for some of the covered goods or
services, the examination of the opposition will be limited with
such goods/services for which the use has been proven by the
opponent.
