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Amendments to Trademark Laws

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Jun 28, 2017 (Newsletter Issue 12/17)
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Guidelines for Proof of Use in Opposition Proceedings

According to the New IP Law 2017, the Turkish Patent and Trademark Office (Türkpatent) can ask, at the applicant’s request, for proof of the opponent’s use. If the opponent does not prove its use, the opposition will not be accepted.

Türkpatent has now published guidelines for such proof of use in opposition proceedings assisting both the applicants who shall claim proof of use and the opponents who shall present evidence of use in oppositions proceedings.

The Guideline states that within a one month time frame, the applicant can not only submit his counter arguments but with the same form can also ask the opponent to prove use of the mark upon which the opposition is based. Or alternatively, should the applicant not submit any counter arguments, evidence of such use can be requested by a letter to Türkpatent using the wording provided in the Guideline.

For further information, please check the article from our Country Index partner Ofo Ventura here

Source: Ofo Ventura, Turkey