The new Industrial Property Code has made it possible for trademark applicants to put forward a non-use claim as a defence and settle an opposition via mediation. At present, non-use counterclaims and mediation seem to be available only for national trademark applications. This situation is likely to create a disadvantage for international trademark holders whose marks are extended to Turkey via the Madrid Protocol.
A recent Turkish Patent Institute Higher Council decision determined that the refiling of a trademark that is subject to a cancellation action cannot be deemed to have been made in good faith, and that prior registration does not constitute an acquired right to the new application. The decision is an important and expected development in preventing the accumulation of non-use trademarks in the Trademark Register.
Under Decree-Law 556 on Trademarks the Patent Institute may not evaluate the use of a trademark during the examination of an objection or opposition to a trademark application. However, a draft IP law proposes that during the examination of an opposition, the Patent Institute will be entitled to ask the opponent to prove the use of the trademark on which the opposition is based.