Trademark in-use investigation is an essential tool for the targeted goods or
services in order to see whether
- a registered trademark has been using and still valid,
- a trademark invalidation action based on non-use is possible,
- any right based on prior use exists,
- any infringing activity has been taken place, or
- your distributor is using your mark ideally.
In Turkey, it is noteworthy to bear the following facts in mind:
- Turkey is a first to use country, not first to file.
- Most of the domestic trademarks have been registered for complete class(es) of
goods/services whether they were intended for use for all or not.
- A registered trademark should be used in Turkey within 5 years from the
registration date or the same from the date of a cancellation court action.
- It is not required for a trademark holder to file an evidence of use to the
Turkish Patent Institute.
- Non-used trademarks can only be challenged by initiating a cancellation action
before the court.
Scope of Our In-Use Search Service
- Date of first use in commerce for a target trademark and by whom?
- Where are the goods or services being sold? Trade channels?
- Details of present use, if any.
- Details at Commercial Register to see if a target person/entity has a right to
sell in the relevant business field.
- Details of trademark registration, if any.
- Use permits from Turkish Authorities, if any.
- Internet search via Turkish websites,
- Possibility of negotiation to take-over if the mark is no longer in use.
- Company inspection; undercover, evidentiary-trap buy, of the goods bearing the
- Valid evidences to be used before the courts, if exist.
- Reporting within 2-3 weeks
Should you consider to take advantage of our experience and expertise on
trademark in-use searches or require our proposal and references, please just
let us know.