In short
Having your sign registered in someone else's name does not by itself erase your earlier use. The same registration does not give an unlimited right to use the sign in every market. If the application is still in publication, the opposition route is separate. If registration is complete, bad faith and invalidity are read separately. A dateless sentence that says "I was using it" does not stand in for an invoice, packaging or an advertisement. The question of what happens if someone else registered your mark is read from the date on the register and the date on the evidence of use. A number of years is not added to this text.
There is another door before publication ends
An opposition to a published application is not a rehearsal of the action that follows registration. An opposition is a petition filed while the publication is open. Seeing the bulletin is not a petition. Watching the bulletin is noticing the publication. Noticing it does not stop the period by itself. In an opposition, the earlier sign is read in the scope of the goods on which it was used and the date on which it was used. A conflict is not assumed when the class lists do not overlap. Even where they overlap, similarity alone does not prove bad faith. If bad faith is to be made out at this stage, it is made out from the documents.
Evidence of use must be dated. Advertising, invoices, packaging, orders and a domain name should show who the use belongs to. If the name on the invoice and the person who used the sign are different, that difference is written down. If a photograph of the packaging has no date, the date is looked for in another document. If there is no other document, a date is not invented. The word "for years" does not produce a figure for the years. This text does not add that figure.
After registration, similarity is not enough
Bad faith is the applicant's knowledge and purpose. The fact that two signs resemble each other does not by itself prove that purpose. An action after registration is directed at the proprietor on the register. Earlier use does not delete the register by itself. The proprietor separates the goods on which the sign was used and the region in which it was used. Filing a new application is not a shortcut for bringing down someone else's registration. While the register entry stands, a story of use is not put in the place of the register. A claim of invalidity is a separate petition. It is not pasted in as a copy of the opposition.
Where the earlier use appeared, and on which goods, sets the scope of the evidence. If an invoice was issued in one place and the packaging was printed in another, both records are written down. That record does not mean the registration falls everywhere. A fall is read only from the claim in the route that was actually opened. If there is no claim, the scope is not invented. Whether the sign is a logo or a word is seen from the representation on the register extract. If the representation and the actual use differ, the difference is not closed. The difference does not by itself prove bad faith. For bad faith, a document is looked for showing that the applicant knew of this use. If there is no writing that it was notified, knowledge is not assumed.
The person who obtained the registration and the person who actually used the sign do not have to be the same. If there is a licence or a dealership, the contract shows separately who the use belongs to. If there is no contract, use is read from the name on the invoice. If the trade name and the proprietor on the register conflict, the conflict is written down. The conflict does not correct the register by itself. A correction depends on the claim in the opposition or in the invalidity petition. The claim must also state the class list. If the list is not stated, it is not treated as aimed at every class. The class is read separately from the list on the register and from the list in the petition. A figure for the years is still not added.
How the registration is separated
The register extract, the evidence of use and, if there is one, the opposition petition stand together. The three are not treated as a single paper. Counsel in Ankara does not write the address of a Çankaya office in place of the Office or the court. The competent authority is read from the record of the proceeding itself. The register is not deleted so that the right will pass by itself. The district of an office does not change which office examines the registration. A period for squatting on a mark, and a year of non-use, are not written in the file. This heading does not add that year either. A period is read only if it is written on the register or in a notice of service.
Which door is open
The procedure for an opposition during publication is in the opposition procedure. The limit of watching the bulletin is in the bulletin. The bad-faith test is in bad faith. The action after registration is in invalidity. Those four headings do not repeat how earlier use is read against the register. Each door looks at its own documents.
Conclusion
The question of what happens if someone else registered your mark says that the later registration does not erase earlier use. An unlimited right of use does not arise either. Opposition during publication and invalidity after registration are separate doors. A number of years is not added. The frame is on the intellectual property page, and the basis is in the text of the Industrial Property Code. The door is not chosen until the invoice, the register and the petition have been seen.