Trademark protection in Türkiye is time-limited and must be renewed periodically to remain in force. While the renewal process is relatively straightforward, it is governed by strict deadlines and formal requirements.
This article provides a practical overview of trademark renewals in Türkiye with reference to Article 23 of the Industrial Property Code No. 6769 and current practice.
Duration of protection
Under Article 23:
- A trademark is protected for 10 years from the application date
- Protection may be renewed indefinitely for successive 10-year periods
Importantly:
- The protection period is calculated based on the filing date, not the registration date
Renewal deadline
The renewal request must be:
- Filed within the 6 months prior to the expiry date, and
- The renewal fee must be paid within the same period
Failure to meet these requirements triggers the grace period.
Grace period for late renewal
If the renewal is not completed within the initial 6-month period:
- Renewal may still be requested within 6 months following the expiry date
- Subject to payment of an additional fee
This period represents the final opportunity to maintain the trademark registration.
Effect of renewal
Under Article 23:
- Renewal takes effect from the day following the expiry date
- The renewal is:
- recorded in the registry, and
- published in the Official Trademark Bulletin
This ensures continuity of rights and public notice.
Partial renewal
Trademark owners may choose to renew:
- The entire registration, or
- Only part of the goods or services
Partial renewal is frequently used in practice to:
- Optimize costs
- Align trademark protection with current commercial use
Where partial renewal is to be carried out through a trademark attorney, a Power of Attorney explicitly authorizing partial renewal should be submitted.
Renewal of collective trademarks
For collective trademarks:
- A renewal request filed by any one of the companies within the group is sufficient
Consequences of non-renewal
If a trademark is not renewed within the prescribed periods:
- The registration is cancelled due to non-renewal
- Rights are terminated as of the expiry date
This may allow third parties to:
- Apply for identical or similar trademarks
- Enter the market with competing signs
A trademark that has become invalid due to non-renewal cannot be restored; re-establishment of rights is not available. If the failure to renew was unintentional, filing a new trademark application may be considered immediately, provided that the mark has not been taken by a third party.
However, the trademark proprietor may still rely on earlier rights arising from genuine use of the mark, subject to the circumstances of each case.
Renewal fees and class-based calculation
Under current practice:
- A basic renewal fee applies for trademarks covering up to 2 classes
- For each class exceeding 2 classes:
- An additional fee is payable
- Typically calculated at approximately 10% of the basic fee per additional class
Accordingly, the total renewal cost depends on the number of classes maintained at renewal stage.
Post-expiry protection (Article 6/8)
Turkish law provides a limited safeguard even after lapse.
Under Article 6/8 :
- A third-party application may be refused upon opposition if:
- Filed within 2 years from expiry, and
- The earlier trademark has been genuinely used
This provision offers a temporary defensive mechanism, but should not replace timely renewal.
Practical considerations
Based on current practice:
- Renewal does not require proof of use
- No substantive examination is conducted
- The process is primarily administrative, based on:
- Request submission, and
- Fee payment
Conclusion
Trademark renewals in Türkiye are governed by a clear legal framework under Article 23 of the IP Code. While the process itself is straightforward, strict compliance with deadlines is essential.
Further practical details:
👉 FAQs on Trademark Renewals in Turkey
📌 Bonus: Trademark Renewal Checklist (Türkiye)
To avoid loss of rights and unnecessary costs, use the following practical checklist:
☐ Verify the expiry date (10 years from filing date)
☐ Track the renewal window (6 months before expiry)
☐ Ensure timely payment of renewal fees
☐ Consider whether partial renewal is appropriate
☐ Review goods/services for current commercial use
☐ Prepare Power of Attorney (if filing via attorney)
☐ Avoid relying on the grace period (subject to additional fees)
☐ Maintain evidence of use (important for post-expiry protection under Article 6/8)
