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Trademark In-Use Investigation

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 mark.
  • 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.

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