Marka Hukukunda Kullanım İspatı

Abstract

A registered trademark is monopolized by its owner and the use of the trademark is required for the rights arising from the registration to continue. The use of trademarks, can be considered as a burden in terms of legal characteristic, has been subject to many international regulations, especially the TRIPS and the Paris Convention. The Industrial Property Law No. 6769 (SMK), has regulated the use of the trademark in accordance with the EU Trademark Regulations and Directives and several consequences due to non-use. Accordingly, a trademark must be used within the five years after registration, genuinely, for the registered goods and services in Turkey. The provisions regarded as use of trademark and an existence of justification of non-use are exceptional. That the trademark has not been used as intended, can be alleged in three stages. The first of these is in the objection process after the publication of the application, the second is in the case of invalidation of the trademark and the last one is in the case of trademark infringement. In order to allege the defense of non-use in all three stages it is required that having a registered trademark for at least five years, an existence of a request based on the likelihood of confusion in accordance with paragraph 1 of article 6 of the IPL (SMK).