Article 26
(1) Upon request, the revocation of the trademark shall be decided by the Office in the following situations:
a) Existence of conditions set out in the first paragraph of the Article 9.
b) Trademark becoming generic for the registered goods or services due to trademark proprietor’s actions or as a consequence of necessary measures not taken by the trademark proprietor.
(c) Trademark misleading the public concerning the nature, quality or geographic origin of the goods or services for which it is registered, as a result of the use by the trademark proprietor himself or with the trademark proprietor’s consent.
(ç) Use of trademark contrary to Article 32.
(2) Interested persons may request revocation of trademark from the Office.
(3) Revocation requests concerning a trademark shall be asserted against persons registered as trademark proprietors at the date of request or their successors in title.
(4) In case trademark is put in a genuine use with regard to the registered goods or services between the expiration period of five years and the date when revocation request is submitted to the Office, the revocation requests related to subparagraph (a) of first paragraph shall be refused. If the use has been carried out by considering that revocation request would be made, the use carried out within three months prior to the submission of the request to the
Office shall not be taken into consideration.
(5) If revocation relates to some goods or services for which the trademark is registered, then the decision for partial revocation shall be given for only those goods or services. A revocation decision which has the result of altering the representation of the trademark may not be given.
(6) If right owner changes during examination of the revocation, the proceedings shall continue with respect to the person who appears as the right owner in the registry.
(7) Revocation requests shall be notified to proprietor of the trademark for which the revocation is requested. The trademark proprietor shall submit his evidences and responses to the Office within one month. In case an extension is requested within this one month period, the Office shall grant an additional one month. The Office, if it considers necessary, may demand additional information and documentation. The Office shall give a decision with respect to the file within the framework of claims and defenses as well as the presented evidences.