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Okt 29, 2018
Simge Şahin, NSN Law Firm, Turkey
Doruk Altın, NSN Law Firm, Turkey
First published on Lexology

How can the applicants of International Registration ap...


Simge Şahin, NSN Law Firm, Turkey, Doruk Altın, NSN Law Firm, Turkey, First published on LexologyIntellectual Property Law allows the applicants to request the proof of use of the opponent’s trademark(s) in the event that the opposition is filed on the basis of “likelihood of confusion” providing that the opponent’s trademark(s) is registered more than 5 years at the time of the application or priority date of the conflicting application. Upon the request of the applicant, Turkish Patent and Trademark Office requires the submission of use evidences or justifiable reasons for non-use. If the use cannot be proven by the opponent, the opposition is rejected. If the use is proven only for a part of the goods and services, the opposition is reviewed for the same/similar goods and services to used ones.
It should be noted that, the proof of use request should be submitted in a very strict and non-extendable deadline of 1 month as of the notification of the opposition to the applicant. However, the Office does not notify the applicants of IR applications filed through WIPO with the designation of Turkey with third party oppositions since Madrid Protocol does not contain such notification  read more