# Someone Has Registered My Brand Name — What Can I Do? > If someone else has registered the name you use, invalidation, revocation for non-use and earlier-use rights may be open. Which route works, and when. - Canonical: https://www.webx.net.tr/en/blog/someone-registered-my-brand-name - Language: en - Last updated: 2026-10-11 - Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/) _Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._ --- If someone else has registered the brand name you use, one of three routes may be open. Which one works depends on **your answers to three questions**: 1. **Were you using the name before them?** → Invalidation (earlier right) 2. **Have five years passed since registration with no use?** → Revocation for non-use 3. **Is the registrant someone with a business relationship to you?** → Bad faith / the commercial agent rule If none applies, the registration stands, and the strategy becomes changing the name or reaching agreement with the proprietor. ## Route 1: Invalidation Based on Earlier Use Even unregistered, a sign you have used in the course of trade and over which you have acquired an earlier right may found a request to invalidate the later registration (Articles 6/3 and 25). What you must prove: - That use began **before the other party's filing date** - That the use was in the course of trade and **functioned as a trademark** — that is, served to distinguish the goods or services - That the use exceeded a merely local and limited level The most useful evidence is dated: invoices, contracts, catalogue and packaging images, advertising invoices, web archive records, social media post dates, domain registration dates. ### The acquiescence trap There is a critical time rule on this route: if the proprietor remains silent for **five years** while knowing, or having reason to know, of the use of the later mark, they may no longer rely on invalidity unless the later registration was made in bad faith (Article 25/6). The practical consequence: record the position the moment you become aware of it, and act. Waiting erodes your strongest card over time. ## Route 2: Revocation for Non-Use A registered mark may be revoked where it has not been put to genuine use in Türkiye for the goods and services registered **within five years** of registration, or where use has been suspended for an uninterrupted period of five years (Article 26). This route is effective against parties who hold a registration without actually using it. An important procedural change: **since 10 January 2024, revocation requests are made to TÜRKPATENT rather than to the courts.** The burden of proof reverses here: it is for the proprietor to show use. The scope is set out in [The Use Requirement and the Five-Year Rule](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule). Partial revocation is possible: where the mark is used in some classes but not others, revocation may be sought only for the unused items. If the class you need falls within that scope, this may be enough. ## Route 3: Bad Faith and the Commercial Agent Rule If the registrant is in a business relationship with you — a former partner, distributor, agent, supplier or employee — two special bases come into play: - **The commercial agent/representative rule (Article 6/2):** an application filed in the name of a commercial agent or representative without the proprietor's consent is refused unless a proper reason is shown; if registered, its invalidity may be sought. - **Bad faith:** where it can be shown that the application was made for a purpose incompatible with commercial honesty, this is a ground of invalidity. Acquiescence does not operate against bad-faith registrations. On this route the evidence is the relationship itself: contracts, correspondence, emails, order records, partnership documents. Where the relationship and the other party's knowledge of your mark can be established, the file becomes markedly stronger. ## Decision Table | Your situation | Route available | Where | | --- | --- | --- | | You used the name first and can document it | Invalidation action | Civil Court for IP Rights | | Five years have passed and the mark is unused | Revocation for non-use | TÜRKPATENT | | The registrant is a former partner or distributor | Invalidity (Art. 6/2, bad faith) | Court | | The mark is newly published and two months have not passed | Opposition | TÜRKPATENT | | None of the above | Agreement or a change of name | — | ## If the Mark Is Not Yet Registered If the application has been published and the two-month period has not expired, the quickest and cheapest route is **opposition**. Once that stage is missed, the remaining routes — litigation and revocation — are markedly longer and more costly. This is why trademark watching is a protection as important as registration: [Trademark Watch and Bulletin Monitoring](https://www.webx.net.tr/en/blog/trademark-watch-and-bulletin-monitoring). ## Meanwhile, File Your Own Application Whichever way the dispute goes, filing your own application is strategically sound: it establishes your place in the queue, speeds matters up if the dispute resolves, and strengthens your position in negotiation. Before filing, check which classes are affected: [search the register](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search); if the clash is confined to particular classes, proceeding with a structured scope may be possible. ## Let Us Assess Your Position Which route is open turns on dates and on the documents you hold, and the time rules move quickly. Share your use evidence and the other party's registration details, and our [legal protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) team will assess which route is realistic. If your mark is registered and someone is using it without permission, a different process applies: [Someone Is Using My Trademark — What Should I Do?](https://www.webx.net.tr/en/blog/someone-is-using-my-trademark) ## Sources - [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 6: relative grounds for refusal; Art. 25: invalidity; Art. 26: revocation - [TÜRKPATENT — Trademark search](https://www.turkpatent.gov.tr/arastirma-yap?form=trademark) (turkpatent.gov.tr) ## Frequently Asked Questions ### My mark is unregistered but I have used it for years. Do I have rights? An earlier right arising from unregistered use may be raised both in opposition and in an invalidation action (Article 6/3). But the burden of proof is yours: you must document that use began before the other party's application and functioned as a trademark in the course of trade. ### Is there a time limit for an invalidation action? If the proprietor remains silent for five years while knowing, or having reason to know, of the use of the later mark, they may no longer rely on invalidity unless the later registration was made in bad faith (Article 25/6). Delay can therefore cost you the right. ### What if the registrant is not using the mark? If five years have passed since registration and the mark has not been genuinely used for those goods and services, revocation may be requested (Article 26). Since 10 January 2024 revocation requests are made to TÜRKPATENT. ### A former employee or distributor registered it. Is there a different route? Yes. Registration in the name of a commercial agent or representative without the proprietor's consent is specifically addressed in Article 6/2, and documenting that relationship is a strong basis. A bad-faith allegation may also arise. ### Can I keep using my mark meanwhile? The registrant may assert infringement against you. Whether to continue should be decided on the strength of the earlier-use evidence you hold; without that assessment it is risky ground. ## Related Resources - [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases. - [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate. - [Can a Registered Trademark Be Cancelled?](https://www.webx.net.tr/en/blog/trademark-invalidation-and-revocation): Can a registered trademark be cancelled? Revocation for non-use, grounds of invalidity, the transfer of revocation powers to TÜRKPATENT in 2024, and acquiescence. - [Someone Is Using My Trademark — What Should I Do?](https://www.webx.net.tr/en/blog/someone-is-using-my-trademark): If your trademark is used without permission: gathering evidence, platform notices, cease-and-desist letters, civil claims and criminal complaints. - [The Trademark Use Requirement: The Five-Year Rule and the Risk of Cancellation](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule): Cancellation for non-use: the five-year rule, what counts as genuine use, what evidence proves use, and how TÜRKPATENT's administrative cancellation process works. - [How to File a Trademark Lawsuit: Protecting Your Rights in Court](https://www.webx.net.tr/en/blog/how-to-file-a-trademark-lawsuit): How to file a trademark lawsuit in Turkey: types of action, the competent court (Art. 156 SMK), pre-trial evidence, injunctions, mediation and the proceedings. - [How Should a Trademark Owner Prepare a Counterfeit Complaint on a Marketplace?](https://www.webx.net.tr/en/blog/counterfeit-complaints-on-marketplaces): Marketplace counterfeit complaints in Turkey: the 48-hour takedown under Law No. 6563 and its Regulation, the complaint file, seller objections and next steps. - [Requesting Revocation of an Unused Trademark: The TÜRKPATENT Procedure Step by Step](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request): How to request revocation for non-use in Turkey: the five-year count, the request form, 2026 fee and deposit, the owner's reply period, decision and appeal.