Use of the Trademark
Trademark Use Requirement and Cancellation Reasons
Trademark registration provides specific rights to the owner, but to maintain these rights, the trademark must be actively used. According to the Industrial Property Law No. 6769, if a trademark is not used within 5 years from the registration date without a valid reason or if it is not used continuously for 5 years, cancellation of the trademark may occur.
To protect your trademark registration, you must use your trademark regularly!
Situations in Which a Trademark is Considered Used
To prevent your trademark from being canceled, one of the following forms of use must occur:
✅ 1️⃣ Use of the registered trademark with different elements while maintaining its distinctive character
Minor modifications to the logo or typography, as long as the basic identity of the trademark is preserved, are considered valid use.
✅ 2️⃣ Use of the trademark on goods or packaging for export purposes only
Even if the trademark is not used in domestic sales, its active use in export processes is considered valid use.
✅ 3️⃣ Use of the trademark by third parties with the trademark owner’s permission
When a trademark is used through licensing or by distributors, this is considered active use.
Trademark Use and Strategies to Prevent Cancellation Risks
To protect your trademark, consider the following:
✔ Regularly use your registered trademark in commercial activities.
✔ If you are engaged in export, ensure that your trademark appears on product packaging.
✔ Transfer usage rights to third parties by granting a trademark license.
✔ Include your trademark in commercial documents, invoices, contracts, and advertising materials.
✔ Demonstrate active use by regularly featuring your trademark on social media and websites.
Secure Your Trademark Registration with Başalan Patent
With 30 years of experience and an ISO 9001:2008 Quality Certificate, Başalan Patent offers professional support in trademark registration, objections, and cancellation lawsuits.