What is a trademark use investigation?

A trademark use investigation is an evidence-based review of whether a registered mark has been genuinely used in Türkiye for the goods or services covered by its registration. Under the Industrial Property Law No. 6769 (SMK), a mark that has not been used without a valid reason within five years of registration, or whose use has been suspended for an uninterrupted period of five years, may be revoked. We carry out this investigation before a revocation request or before requesting proof of use in an opposition.

What do we review in a use investigation?

• Register entry: We extract the registration date, owner and scope.
• Advertising and promotion: We review traces in ads, listings and social media.
• Products and packaging: We look for the mark on products, packaging and signage.
• Goods and services: We match the use against the registered goods and services.
• Form of use: We check whether the distinctive character has been altered.
• Sales and trade records: We scan e-commerce, dealer and company records.

How do we proceed?

If you wish, we also prepare the revocation request or the opposition file.

• Register and time check: We review the mark’s registration date, owner and scope and calculate the five-year period.
• Market screening: We look for traces of use at points of sale, on e-commerce sites, in advertising and on social media.
• Scope matching: We compare the use found with each of the registered goods and services.
• Legal assessment: We assess the findings for a revocation request or a request for proof of use.
• Report and roadmap: We report our findings and plan the steps that can be taken before TÜRKPATENT (the Turkish Patent and Trademark Office).

Revocation request and request for proof of use in an opposition

Which route is appropriate depends on the case; the decision rests with TÜRKPATENT.

• Revocation for non-use
• Can be requested if there has been no genuine use for five years after registration.
• The request is filed with TÜRKPATENT; interested parties may apply.
• Partial revocation may be sought only for the unused goods or services.

• Proof of use in an opposition
• Requested if the opposition is based on a mark registered for at least five years.
• The opponent must prove genuine use during the preceding five years.
• If use is not proven, the opposition is rejected.

How is trademark use proven?

Use is proven with documents such as invoices, catalogues, price lists, images of packaging and signage, and advertising and trade fair records. According to TÜRKPATENT’s proof-of-use guidelines, the evidence should show the nature, place, time and extent of use and the form in which the mark is used. A single document is often not enough; the evidence is assessed as a whole. In our investigation, we also anticipate the evidence the other side may submit.

Who is a trademark use investigation suitable for?

• Entrepreneurs whose application is blocked by an older mark
• Businesses facing a publication opposition to their application
• Businesses in conflict with a registered mark
• Those screening for blocking records before a new brand
• Those wishing to compile their own evidence of use
• Those facing a trademark obstacle in a sales channel