In trademark practice, use of the mark is not merely a commercial choice but a legal requirement with significant consequences for the scope and enforceability of trademark rights. Under Turkish law, issues relating to genuine use frequently arise in opposition proceedings, invalidation and cancellation actions, as well as infringement disputes. This article outlines the key principles governing trademark use in Türkiye and highlights practical points for rights holders.

Trademark use matters in Türkiye are primarily governed by the Industrial Property Code No. 6769 (IP Code). The legislation provides for both use requirements and sanctions for non-use, reflecting the policy objective of ensuring that registered trademarks serve their essential function of indicating commercial origin.

Under Article 9 of the IP Code, a trademark must be put to genuine use in Türkiye within five years following the date of registration. Failure to comply with this requirement exposes the registration to cancellation upon request.

What constitutes genuine use?

Turkish practice aligns closely with EU trademark jurisprudence when assessing genuine use. In general terms, use will be considered genuine where it is:

  • Actual and commercial, rather than merely symbolic
  • Consistent with the essential function of the trademark (i.e. identifying the source of goods or services)
  • Sufficient in scale and frequency, taking into account the nature of the relevant market

Use may be established through various forms of evidence, including invoices, catalogues, advertisements, product packaging, website extracts and market surveys. Importantly, even relatively modest use may suffice, provided that it reflects a real market presence rather than token activity aimed solely at preserving rights.

Forms of use recognised under Turkish law

The IP Code recognises several forms of use that may be relied upon to maintain trademark rights, including:

  • Use of the mark in a form differing in elements that do not alter its distinctive character
  • Use of the trademark by authorised third parties, such as licensees or distributors
  • Use of the mark in export activities, provided that the use is commercially meaningful and connected to Türkiye

These provisions offer flexibility for trademark owners whose branding evolves over time or whose commercial operations involve complex distribution arrangements.

Consequences of non-use

A trademark that has not been genuinely used for an uninterrupted period of five years may be subject to cancellation for non-use. Such requests may be filed before the Turkish Patent and Trademark Office.

Non-use may also weaken a trademark owner’s position in enforcement contexts. For example:

  • In opposition proceedings, earlier marks may be required to demonstrate use if they have been registered for more than five years
  • In infringement actions, defendants may raise non-use as a defence to limit or defeat the claim

Practical recommendations for trademark owners

To mitigate risks associated with non-use, rights holders should adopt a proactive trademark management strategy, including:

  • Ensuring that trademarks are used consistently in connection with the registered goods or services
  • Maintaining systematic records of use, including dated commercial documentation
  • Reviewing trademark portfolios periodically to identify vulnerable registrations
  • Implementing clear licensing arrangements where use is carried out by affiliates or distributors

Such measures not only safeguard registrations against cancellation but also strengthen the evidentiary basis for enforcement and opposition actions.

Conclusion

Trademark use plays a central role in the lifecycle of trademark protection in Türkiye. Beyond securing registration, rights holders must ensure that their marks are genuinely and continuously used in the marketplace. A well-structured use strategy and careful documentation can significantly enhance the resilience and value of trademark portfolios.

Given the procedural and evidentiary complexities involved, trademark owners are advised to seek specialised legal guidance when addressing use requirements or responding to non-use challenges.