FAQs on Trademark Cancellation Actions in Turkey

A trademark cancellation action is an administrative procedure filed before TÜRKPATENT to remove a registered trademark from the registry, either in full or in part. It is governed by the Industrial Property Code No. 6769.

Any interested party may file a cancellation request. This includes competitors, industry associations, or anyone with a legitimate interest in having the trademark removed.

A trademark may be cancelled on four main grounds: non-use for an uninterrupted period of 5 years, the mark becoming a generic name in trade, deceptive use that misleads consumers, and misuse of guarantee or collective marks contrary to their technical specifications.

Genuine use means real commercial use of the trademark in Türkiye — not token or symbolic use. If a trademark has not been genuinely used within 5 years of registration, or its use has been suspended for 5 consecutive years, it becomes vulnerable to cancellation on non-use grounds.

The burden of proof lies with the trademark owner. Once a non-use cancellation request is filed, the owner must demonstrate either genuine use of the mark in Türkiye or justified reasons for non-use.

Yes. Use of the trademark by a licensee is treated as use by the owner for the purposes of a non-use cancellation action.

Potentially yes. Where goods bearing the mark are produced in Türkiye for export to foreign markets, this may qualify as genuine use, depending on the circumstances.

Use that begins or resumes within the 3 months immediately before a cancellation request is filed may be disregarded by TÜRKPATENT if it is considered defensive — meaning it was initiated after the owner became aware that a cancellation action was likely.

Acceptable evidence includes invoices, product packaging and labels, catalogues, price lists, advertisements, promotional materials, and photographs. Evidence must clearly demonstrate the nature, place, time period, extent, and form of use of the trademark in Türkiye.

Yes. Evidence should be submitted with a structured list linking each document to the specific claims it supports. Documents must be well-organized, legible, and properly classified. High-resolution photographs are generally used in place of physical product samples.

TÜRKPATENT may request a certified Turkish translation of any documents submitted in a foreign language. Failure to provide translations when requested may result in the evidence being disregarded.

Yes. Cancellation may be requested and granted for all or only part of the goods and services covered by the registration, depending on the scope of non-use or other grounds.

The request is submitted to TÜRKPATENT via a formal petition. It must identify the trademark by registration number, specify the goods or services concerned, state the legal grounds with article references, and include supporting arguments, evidence, and proof of fee payment. If filed through a representative, a power of attorney is also required.

TÜRKPATENT first conducts a formal examination. If the submission is incomplete, the applicant has 1 month to remedy any deficiencies. Once formally compliant, the trademark owner is notified and given 1 month to respond, extendable by a further month. The Office then examines the file and issues a decision.

TÜRKPATENT may fully cancel the trademark, partially cancel it for specific goods or services, or reject the cancellation request entirely.

Cancellation typically takes effect from the date the request was filed. However, if explicitly requested, it may be backdated to an earlier date.

Cancellation proceedings require an official filing fee and a separate deposit of equivalent amount. If the request is accepted, the deposit is refunded to the applicant. If rejected, it is transferred to the trademark owner. If partially accepted, the deposit is retained by TÜRKPATENT.

While timelines can vary, a typical proceeding involves a formal examination phase of around 1 month if deficiencies exist, followed by a 1 to 2 month response period for the trademark owner, and then examination and decision by the Office. In practice, the full process can take several months.

Yes. Since 2023, jurisdiction over trademark cancellation actions has shifted from the courts to TÜRKPATENT, making the process faster and more accessible. This also places greater emphasis on the quality of written submissions and documentary evidence.

The most effective defence is consistent, well-documented use of the mark in Türkiye. Keeping organized records of use — including invoices, advertisements, and packaging — ensures that evidence is readily available if a cancellation request is ever filed.