trademark cancellation

Trademark cancellation refers to the legal process of removing a registered trademark from the register, either wholly or partially. Cancellation ensures that trademark registers remain accurate and reflect only valid and enforceable rights.

Cancellation may occur when a trademark has not been genuinely used for a continuous period (typically five years), has become generic, or is misleading.

Cancellation actions may be initiated before administrative authorities such as the European Union Intellectual Property Office or before courts, depending on the jurisdiction. In Türkiye, such actions can be brought before courts or, in certain cases, before the Turkish Patent and Trademark Office under the Turkish Industrial Property Code.

If a trademark is cancelled, its protection is removed either retroactively (invalidation) or from the date of the decision (revocation), depending on the legal basis.

Trademark cancellation plays a crucial role in maintaining a fair and competitive marketplace by preventing the misuse or unjustified retention of trademark rights.