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CategoryTrademark
Published28 August 2026
Authors
Uğurcan TekinPartner
Alican TekinPartner

Proof of Use in Turkish Trademark Oppositions: The Five-Year Test

A trademark registration is not a promise of indefinite protection. A registered but unused mark gradually loses its defensive force, and Article 19/2 of the Industrial Property Code No. 6769 is the clearest expression of that principle in opposition proceedings. Where the opponent's mark has been registered for at least five years as of the filing or priority date of the contested application, the applicant may request that the opponent prove use of its mark.

Upon such a request, the opponent must prove that it has genuinely used the mark in Türkiye for the goods and services relied upon in the opposition, or that it has proper reasons for non-use. If the burden is not discharged, the opposition is rejected in respect of the goods and services for which use could not be shown. In other words, the proof-of-use mechanism limits the opponent's weapon to the goods and services it actually trades in.

Proof of use is discharged with evidence showing that the mark has a real presence in the market.

What Counts as Genuine Use?

The use the Code requires is not token use. Genuine use means using the mark in a way that creates a real commercial presence in the market for the registered goods and services. Symbolic sales made merely to keep the right alive do not qualify. The use must take place in Türkiye; activity directed solely at foreign markets is in principle insufficient, although the Code expressly treats affixing the mark to goods or packaging solely for export purposes as use.

The Code also allows two important flexibilities. Use of the mark in a form differing in elements which do not alter its distinctive character counts as use. So does use by third parties, such as licensees, with the proprietor's consent, which is attributed to the proprietor. By contrast, use on goods and services outside the scope of the registration has no evidentiary value for the registered goods and services.

Which Evidence Actually Works?

In practice, success turns on the quality of the evidence file. Invoices are the strongest category, provided the mark, the date and the goods or services are clearly visible on them; invoices showing only the company name, without the mark, carry little weight. Catalogues, price lists, packaging samples, advertising and promotion records, trade fair participation and date-stamped internet archive captures are supporting evidence. It is essential that the evidence can be dated to the relevant five-year period; undated material is routinely disregarded.

“In proof of use, the winning party is not the one that sold the most, but the one that documented its sales best.”

Strategic Value for the Applicant

A proof-of-use request is an effective but carefully timed defence for the applicant. It must be raised within the period for responding to the opposition. Where the opponent's mark has passed the five-year mark and no active use is visible in the market, the request may lead to the opposition being rejected in whole or in part. In the event of partial proof, the opposition is examined only on the basis of the goods and services for which use was shown, which narrows the similarity assessment in the applicant's favour.

Lessons for the Trademark Owner

For businesses managing trademark portfolios, proof of use demands archival discipline. Systematically retaining branded invoices, catalogues and promotional material makes it possible to assemble, at short notice, an evidence file covering the five-year period. Broad registrations covering unused classes, on the other hand, offer protection that looks strong on paper but is fragile in opposition proceedings.

Key Principles

  • A proof-of-use request is available where the opponent's mark has been registered for at least five years as of the filing or priority date of the contested application.
  • The burden of proof lies on the opponent; the opposition is rejected for goods and services in respect of which use is not shown.
  • The use required is genuine use in Türkiye; symbolic use does not suffice.
  • Use in a form that does not alter the mark's distinctive character, and consented third-party use, both count as use.
  • Affixing the mark to goods or packaging solely for export also qualifies as use.
  • Dated evidence showing the mark itself is essential; archival discipline is the key to the process.

Devin Patent provides trademark attorney services for raising proof-of-use requests in opposition proceedings and preparing evidence files. Legal assessment in invalidity and revocation actions connected to proof of use is handled by our partner firm, Devin Law & IP.

Sources

  • Industrial Property Code No. 6769, Articles 9 and 19 (mevzuat.gov.tr)
  • Turkish Patent and Trademark Office, guidelines on opposition and proof of use (turkpatent.gov.tr)
Related practice areaIndustrial Property Law→

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