The
new
IP
Code
No.
6769
has
entered
into
force
in
January
10,
2017,
and
introduced
significant
changes.
The
IP
Code
changed
the
name
of
the
Turkish
Patent
Institute
as
‘’Turkish
Patent
and
Trademark Authority’’ shortly called as ‘’TURKPATENT’’.
DO
NOT
SKIP
TO
USE
YOUR
RIGHT
TO
RESPOND
3RD
PARTY
OPPOSITIONS
AGAINST
YOUR
APPLICATIONS
Proof of Use
Accordingly,
the
applicant
may
request
the
opponent
to
prove
use
of
the
trademark(s)
for
the
goods
and
services
used
as
grounds
to
opposition
on
the
condition
that
those
trademarks
were
registered
for
more
than
five
years
starting
from
the
application/priority
date.
If
the
opponent
can
prove
the
use,
then
the
opposition
will
be
accepted.
If
the
opponent
cannot
prove
the
use,
then
the
opposition
will
be rejected for those goods/services.
Letter of Consent
The
co-existence
principle
has
been
introduced,
accordingly,
co-existence
agreements
and
letters
of
consent
will
be
accepted
in
overcoming
senior
identical
or
indistinguishably
similar
trade
marks
from
being an absolute ground of refusal by the Turkish Patent and Trade Mark Office ex-officio.
Trademark
applications
will
not
be
rejected
by
the
TP
if
a
notarized
consent
letter,
which
indicates
the
express consent of the previous trademark owner to the submitted registration of application.
Along
with
the
new
Code,
by
means
of
the
letter
of
consent,
a
chance
would
be
offered
to
rightsholders
to
register
trademarks
that
is
indistinguishably
same/similar
and
have
the
same/similar
goods and/or services to prior marks.