The new IP Code came into force on January 10 2017 in Turkey.
One of the major changes in the new IP Code is a non-use defence in
opposition proceedings.
According to the IP Code, if the ground trade mark was
registered more than five years from the application date (or
priority date) of the opposed trade mark application, upon request
by the owner of the trade mark application, the Office is obliged
to ask the opponent to prove effective use of the ground trade
mark(s) on the relevant goods and/or services in Turkey.
The Office prepared Proof of Use Guidelines and published them
on April 28 2017. In relation to these, the Office stated that the
effective use of ground trade marks can be proved with, in
particular, invoices, price lists, catalogues, product codes,
products, packaging, signboard visuals, advertisements, promotions
and their invoices, marketing surveys, opinion research,
information about commercial activity and any additional
documents/statements
