Turkish Trademark Cancellation Procedures Clarified
The Turkish Patent and Trademark Office (TÜRKPATENT) has introduced significant amendments to the Regulation on the Implementation of the Industrial Property Law, bringing much-needed clarity to trademark cancellation procedures.
According to the Turkish Industrial Property Law, a trademark may be subject to cancellation due to non-use, generification, deceptive use, and breach of trademark regulation in the case of guarantee/collective trademarks.
The new rules, set out in Articles 30/A and 30/B, establish a structured framework for filing and processing cancellation requests, addressing previous uncertainties in the system.
Under the revised rules, a cancellation request must be filed against the trademark owner recorded in the registry at the time of submission. The request must include the trademark registration number, the goods or services subject to cancellation, the applicant’s identity and contact details, a legal basis supported by documentation, and proof of fee payment. If the request is submitted through a representative, a power of attorney is also required.
Procedural requirements have been clearly defined to ensure consistency. If any documents are missing, the applicant is granted one month to correct deficiencies. The trademark owner has one month to submit a response, with the possibility of a one-month extension upon request. If the trademark has already expired, been withdrawn, or is otherwise inactive, TÜRKPATENT will dismiss the cancellation request without further review. In cases where cancellation is sought due to non-use, the trademark must have been registered for at least five years, and any use within the three months preceding the request will be disregarded if deemed a last-minute attempt to avoid cancellation.
The amendments also introduce a financial framework for cancellation proceedings. A cancellation request requires payment of an official filing fee to TÜRKPATENT, along with an escrow deposit that may be refunded depending on the outcome.
If the request is fully rejected, the escrow deposit is refunded to the trademark owner. If it is fully accepted, the refund is granted to the applicant. In cases of partial acceptance, the escrow amount is retained by TÜRKPATENT. Should the applicant choose to withdraw the request before a decision is issued, a refund of the escrow deposit may be possible. This financial mechanism aims to discourage frivolous claims while ensuring that legitimate rights holders are protected.
The amendments further allow applicants to withdraw a cancellation request at any stage before a final decision. In such cases, a formal withdrawal request must be submitted, and if the request was filed through a representative, a power of attorney explicitly authorizing the withdrawal is required. Depending on the timing of the withdrawal, the applicant may recover the escrow deposit.
These changes, which came into force on 15 March 2025, establish a more transparent and predictable process for trademark cancellations. With clearer procedural and financial guidelines, trademark owners and applicants can better navigate their rights and obligations. To minimize risks, brand owners should monitor their trademarks closely, maintain thorough records of genuine use, and seek professional guidance when initiating or responding to cancellation proceedings.