Five-year trademark use requirement

Türkiye: practical decision and evidence

Turkish trademark use must be serious use for the registered goods or services in Türkiye. Preserve dated sales, packaging and advertising evidence. Five years of unjustified non-use can expose the registration to cancellation; an unused certificate is not sufficient proof of continuing protection.

Worked file: the owner has a five-year-old certificate but no recent trading records for several registered goods. Build a dated use matrix by goods and territory. Record justified non-use claims and supporting documents separately instead of treating a company website as proof for every registered item.

Evidence of genuine trademark use

Collect genuine-use evidence showing time, territory, goods/services and commercial use of the mark. Link invoices, packaging, advertising and sales records to the relevant period. An isolated screenshot without context may not establish the claimed use.

Trademark cancellation for non-use

For a non-use cancellation issue, establish the registration date, relevant period and goods/services, then examine serious use and justified reasons. Obtain the current TÜRKPATENT procedure and official notices. Cancellation is not established merely by claiming that a competitor’s shop looks inactive.

Requesting proof of trademark use

A proof-of-use request in trademark opposition is distinct from a standalone non-use cancellation. Check the opponent’s registration age, relevant goods/services and procedural conditions. Submit the request and response within the official timetable, using evidence tied to the relevant period.

Official filing and support

This guidance concerns Turkish rights unless a section expressly names another jurisdiction. Kayra can coordinate research, document preparation and follow-up. Registration, opposition and grant decisions belong to the competent office. Verify any required representative’s registration and authority before appointing them; court proceedings require appropriately qualified legal representation. The enquiry form requests consultancy, and does not itself file an official application.

Primary official sources

• TÜRKPATENT — Trademark applications and procedures
• WIPO Lex — Türkiye — Industrial Property Law No.6769
• TÜRKPATENT / ePATS — Official electronic application system
• e-Devlet / TÜRKPATENT — Official trademark cancellation-request service