Trademark Use Requirement In Türkiye, The US And The EU: A Comparative Overview

Introduction

Upon registration, a trademark grants its owner exclusive rights. However, alongside these rights come with certain legal obligations. One of the most important is the obligation of "genuine use."

This article provides a comparative analysis of the trademark use requirements in Türkiye, the United States, and the European Union. It examines how different legal systems, shaped by their unique cultural and economic dynamics, ensure that trademarks go beyond mere registration and play an active role in the market economy.

2. Use Requirement in Türkiye

To prevent trademark owners from harming competitive markets, certain restrictions and obligations are imposed in addition to the rights conferred by trademark protection. Article 9/1 of the Turkish Industrial Property Code No. 6769 ("the Code") provides that, "If, within a period of five years following the date of registration, the trademark has not been put to genuine use in Türkiye by the