The Required Evidence Regarding Proof Of Use In Trademark Matters

With the introduction of the Industrial Property Law ("IPL"), the "proof of use" practice, which is applied in EUIPO and many countries, came into force in trademark opposition cases. In this article, we discuss how it works in Turkey.

Upon the request of the owner of a trademark application, a party opposing trademark application must prove the use of the trademark on which the opposition is based to the extent it has been registered for more than five years at the application or priority date of the opposed trademark application.

If the opponent cannot provide evidence that it has been seriously using the basis trademark of the opposition in Turkey within five years prior to the application date or has justified reasons for not using it, its opposition shall be rejected within the scope of the likelihood of confusion, which is regulated in Article 6/1 of the IPL.