TÜRKPATENT introduced new fee structure for trademarks

The Turkish Patent and Trademark Office has implemented significant changes to its trademark fee structure, shifting the renewal fees from a fixed to a tiered system based on the number of classes, introducing a requirement for payment of fees for retail and wholesale services in Class 35, and requiring an escrow payment for trademark cancellation actions.

Trademark Renewals

Fees for trademark renewals will now be determined in a tiered manner, replacing the previous fixed fee structure.

Under the new system, a fixed fee will apply for up to two classes, with an additional fee required for each class beyond the second. Previously, a single fixed renewal fee was applied, regardless of the number of classes covered by the trademark registration.

This new practice is intended to discourage the renewal of trademarks that are unrelated to a business’s actual activities, thereby creating opportunities for others to register and use trademarks that are not actively utilized in commerce.

Retail and Wholesale Services in Class 35

A new fee structure has also been introduced for retail and wholesale services under Class 35.

In Turkish practice, protection for retail and wholesale services is claimed based on the specific goods being sold, such as:

Bringing together, for the benefit of others, a variety of goods, namely ___________ (excluding transportation), enabling customers to conveniently view and purchase these goods. These services may be provided through retail stores, wholesale outlets, electronic media, or mail-order catalogs.

In common trademark practice in Türkiye, the goods for which retail or wholesale services are claimed are inserted in the part “___________,” with no limit to adding goods across all 34 commodity classes. In other words, all goods could previously be covered under Class 35 for these services at no extra cost.

Under the new fee arrangement, there will be no additional fee for goods classified in up to 2 classes. However, if goods from more than 2 classes are claimed, additional fees will apply for each class beyond the second.

This new practice aims to discourage applicants from claiming unnecessary or business-unrelated goods under Class 35, preventing excessive or malicious use of the class. It also ensures that others who wish to actively use the trademark in their business will have the opportunity to register and use it.

Escrow for Trademark Cancellation Requests

Another amendment has introduced a requirement for the payment of an escrow fee by the party requesting trademark cancellation, in addition to the revised official fee for cancellation requests.

The escrow fee is intended to prevent the excessive use of the cancellation mechanism while protecting the financial interests of trademark owners. The escrow will be processed as follows:

• If the cancellation request is fully denied, the escrow will be paid to the trademark holder whose registration is being challenged.
• If the cancellation request is fully accepted, the escrow will be paid to the party requesting the cancellation.
• If the cancellation request is partially accepted, the escrow will be recorded as revenue in the Treasury.

All these changes to the trademark fee structure and cancellation process are designed to enhance the efficiency and fairness of the system, promoting responsible trademark use while safeguarding the interests of trademark holders. The introduction of a tiered renewal fee system and the new fee structure for retail and wholesale services under Class 35 aim to prevent abuse of the trademark system and encourage more relevant and active trademark registrations. The introduction of the escrow fee aims to strike a balance between protecting businesses from unnecessary cancellation actions and ensuring fair use of the trademark system.