Overview

Trademark cancellation actions in Türkiye are handled administratively before the Turkish Patent and Trademark Office (TÜRKPATENT), based on the framework set out in the Industrial Property Code No. 6769 and its implementing regulations.

Under Article 26 , a registered trademark may be cancelled upon request on the following grounds:

  • Non-use (see Article 9 )
  • Becoming a generic name
  • Deceptive use
  • Breach of rules for guarantee or collective marks (see Article 32 )

Cancellation may apply to all or part of the goods and services covered by the registration.

Cancellation Request Based on Non-Use

Under Article 9 , a registered trademark is vulnerable to cancellation if it has not been genuinely used within 5 years of registration, or if its use has been suspended for an uninterrupted period of 5 years.

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

Genuine Use and Evidence of Use

There is no fixed numerical threshold for what constitutes “genuine use.” The courts have made it clear that no minimum level can be defined in the abstract; rather, the assessment depends on the specific circumstances of each case. Even limited use may be sufficient, provided that it serves a real commercial purpose and reflects a genuine effort to enter or maintain a position in the market.

That said, not every form of commercial activity automatically qualifies as genuine use (Walzer Traum, C-141/13 P). The key question is whether the use is real, consistent, and genuinely market-oriented.

Proof of use is assessed in line with the evidentiary standards set out in the implementing regulation (notably Article 30). Evidence must be clear, understandable, and reliable, and should collectively demonstrate:

  • The nature of the use
  • The place of use (Türkiye)
  • The time period covered
  • The extent and commercial scale of the use
  • The form of the mark as actually used

Typical supporting documents include invoices, product packaging and labels, catalogues and price lists, advertisements and promotional materials, photographs, and other market-related documentation. Relevant parts of each document should be clearly indicated and identifiable.

Use of the mark by a licensee is treated as use by the owner. Similarly, export-only use — where goods bearing the mark are produced in Türkiye for foreign markets — may also be sufficient.

One important limitation: use that begins or resumes within the 3 months immediately preceding the cancellation request may be disregarded if TÜRKPATENT determines it was initiated defensively — that is, after the owner became aware that a cancellation action was likely.

Submission Standards

Evidence should be submitted with a structured list that links each document to the specific claims it supports. Product samples are generally replaced with high-resolution photographs. All documents should be well-organized, legible, and properly classified.

Language and Timing

Evidence must be filed within the prescribed deadlines — late submissions will not be taken into account. Where documents are in a foreign language, the Office may request a certified Turkish translation. Failure to meet these requirements may result in the evidence being disregarded entirely.

Cancellation Request Based on Genericism

A trademark may be cancelled if, due to the actions or inaction of the trademark owner, it has become a common name in trade for the relevant goods or services. In practice, this requires demonstrating:

  • Widespread use of the sign by third parties as a generic term
  • Lack of enforcement or control by the trademark owner
  • Loss of the mark’s distinctive character in the relevant market

Cancellation Request Based on Deceptive Use

Cancellation may be requested where the trademark, through its use, has become misleading to the public. This may relate to the quality, nature, composition, or geographical origin of the goods or services. The assessment focuses on whether the average consumer is likely to be misled as a result of how the trademark is being used.

Cancellation Request Based on Misuse of Guarantee or Collective Marks

Under Article 32 , guarantee and collective marks must be used in accordance with their technical specifications, and the trademark owner is required to ensure ongoing compliance and supervision. Failure to enforce these rules may result in cancellation.

Filing a Cancellation Request

Cancellation requests are filed by interested parties directly before TÜRKPATENT. Each request must be filed against a single registered trademark and must include:

  • The registration number of the trademark
  • The goods and/or services concerned
  • The legal grounds, with references to the relevant articles
  • Supporting arguments and evidence
  • Proof of fee payment

If the request is filed through a representative, a power of attorney must also be included.

Procedural Framework

Requests must be submitted via a formal petition. If the submission is incomplete, the applicant has 1 month to remedy any deficiencies. Failure to do so will result in rejection.

Once the request is formally compliant:

  • The registered trademark owner is notified
  • A 1-month response period is granted, extendable by a further month upon request
  • Additional submissions may be invited if necessary

Submissions made after applicable deadlines will not be considered. All proceedings are conducted entirely in writing.

Decision and Publication

TÜRKPATENT evaluates the written submissions, evidence on file, and applicable legal provisions before issuing its decision. Possible outcomes are:

  • Full cancellation
  • Partial cancellation (limited to specific goods or services)
  • Rejection of the request

Final decisions are recorded in the registry and published in the Official Trademark Bulletin. Cancellation may take effect from the date of the request or, if explicitly requested, from an earlier date.

Fees and Cost Structure

Cancellation proceedings involve an official filing fee and a separate deposit of equivalent amount. The deposit is handled as follows:

  • If the request is accepted, the deposit is refunded to the applicant
  • If the request is rejected, the deposit is transferred to the trademark owner
  • If the request is partially accepted, the deposit is retained by the Office

Practical Timeline

A typical cancellation proceeding follows this sequence:

  1. Filing of the cancellation request
  2. Formal examination (approximately 1 month if deficiencies exist)
  3. Notification to the trademark owner
  4. Response period (1 to 2 months)
  5. Examination on the file
  6. Decision

Conclusion

Trademark cancellation in Türkiye follows a structured administrative framework under the Industrial Property Code and its implementing regulation. Since 2023, cancellation jurisdiction has shifted from the courts to TÜRKPATENT, making the process faster and more accessible.

For trademark owners, the key takeaway is straightforward: maintaining consistent, well-documented use of your mark is the most effective defence against cancellation. For those considering filing a cancellation request, early preparation of clear and well-organised evidence will be essential to a successful outcome.