Trademark Cancellation for Non-Use in Turkey: TÜRKPATENT Procedure

Trademark Cancellation for Non-Use in Turkey

Since 15 March 2025, requests to cancel trademarks on the grounds of non-use have been examined and decided administratively by the Turkish Patent and Trademark Office (TÜRKPATENT). The procedure applies where a registered trademark has not been put to genuine use in Turkey for the relevant five-year period and no justified reason for non-use exists.

This article explains the TÜRKPATENT cancellation procedure, the response period available to the trademark owner, the deposit mechanism and the principal risks for domestic and international rights holders. The fee amounts retained below document the tariff applicable when the new system was introduced in March 2025.

Cancellation Due to Non-Use of Trademarks: The Long-Awaited Regulation Finally Takes Effect

Article 26 of the Industrial Property Law No. 6769 stipulates that a trademark may be canceled if it has not been seriously used for five consecutive years. However, although this provision entered into force on January 10, 2017, it was not applied until January 10, 2024, due to a seven-year transition period. With the expiration of this transition period, the mechanism for canceling trademarks due to non-use had effectively become inoperative in Turkey.

With the new regulation, cancellation requests due to non-use will now be decided by TÜRKPATENT instead of the courts. This regulation introduces a system similar to the practices of the European Union Intellectual Property Office (EUIPO), but it also includes some significant differences.

Key Changes in the Trademark Cancellation Process:

1. Introduction of a Deposit Fee for Cancellation Requests
   At the beginning of 2025, the fee for cancellation requests due to non-use was set at 28,150 TL. These amounts applied under the tariff introduced in March 2025; current fees must be verified from TÜRKPATENT’s official tariff.
   However, under the new regulation, the applicant must pay an additional deposit fee of 23,458.33 TL.
   If the trademark is canceled, this amount will be refunded to the applicant.
   If the cancellation is not granted, the amount will be paid to the trademark owner.
   If the cancellation is partially accepted, the deposit will remain with TÜRKPATENT.While this practice may seem like a hidden fee increase, it appears to be a beneficial measure as it discourages blanket attacks on trademarks in cancellation proceedings.
2. Short Response Periods for Trademark Owners
   After receiving a cancellation request, the trademark owner will be given one month to prove use.
   An additional one-month extension may be granted upon request.
   If TÜRKPATENT requests further explanations from the parties, another one-month period may be granted.
   In the EU (EUIPO), these periods are generally two months, with an additional two months available upon request.
   For foreign trademark owners with registrations in Turkey, this short period may pose challenges, especially in preparing evidence and completing translation processes.
3. Obligation to Specify the Effective Date of Cancellation
   Applications for trademark cancellation must clearly state the date from which the cancellation will take effect.
   This is particularly important for cancellation requests filed alongside opposition proceedings following the rejection of a trademark application.
   A cancellation request with an incorrect date may not provide the legal advantage the applicant hopes for.

2025 Trademark Renewal Fees and Class 35 Fee Changes

The following figures document the fee changes introduced in March 2025. They are retained for historical reference and should not be treated as current fee quotations. For current amounts, consult TÜRKPATENT’s official tariff.

1. Trademark Renewal Fees
   Previously, renewal fees were calculated as a single fixed fee, regardless of the number of classes.
   Under the March 2025 tariff:
   • Renewal fee for up to two classes: 7,210 TL
   • Additional fee for each extra class: 600 TL
     Example: The renewal fee for a trademark covering 12 classes will be calculated as follows:
     7,210 TL + (600 TL × 10) = 13,210 TL

   This practice will require trademark owners to plan their renewal strategies more carefully. Costs may increase significantly for comprehensive registrations.

   For current information on renewal deadlines, late renewal, class-based fees and renewal procedures, see our Trademark Renewal in Turkey guide.

2. New Application Fee Structure for “Retail Services” in Class 35
   A new application fee model has been introduced for retail services under paragraph 5 of Class 35.
   Under the previous trademark application practice, a single class fee was charged for all goods listed under Class 35.
   Under the March 2025 tariff:
   • If the goods listed under paragraph 35/5 exceed two classes, an additional fee of 360 TL will be charged for each extra class.

   This change aims to reduce TÜRKPATENT’s workload by discouraging applicants from automatically adding all goods to Class 35. While this is a good practice, applying it to all classes would be even more beneficial.

What Do the New Regulations Mean for Trademark Owners?

The developments in trademark registration and renewal present both risks and opportunities for trademark owners:

• • The risk of cancellation is now much higher for trademark owners who do not actively use their marks.
  • Renewal costs are set to increase.
  • Trademark application strategies for Class 35 will need to be revised.

Recommendations:

• • Trademark owners who do not use their marks may face cancellation risks. Systematically archiving evidence of use is critical. Preparing evidence in advance is now more important than ever, as sudden cancellation requests may leave trademark owners scrambling to provide insufficient evidence.
  • Due to the increase in renewal fees, it may be advisable to review and remove unnecessary classes from trademark registrations.
  • International trademark owners, in particular, will need to monitor cancellation proceedings due to non-use more closely.

The New System Requires Greater Attention from Trademark Owners

TÜRKPATENT’s new regulations represent a significant shift in the protection of trademark rights and the efficient functioning of the trademark system in Turkey. The requirement for use is a positive development in clearing unused trademarks. However, shorter response periods and additional costs necessitate new strategies for trademark owners and representatives.

What are your thoughts on these changes? Feel free to share your comments.

We will continue to closely monitor developments related to the new regulations on trademark registration and renewal.

#TÜRKPATENT #TrademarkRegistration #TrademarkCancellation #MadridProtocol #IntellectualProperty #IPLaw #Trademark

You can submit your questions here.

Official Sources

• Industrial Property Code No. 6769 — Article 26 on trademark cancellation
• Regulation governing trademark cancellation requests before TÜRKPATENT
• TÜRKPATENT announcement on the March 2025 fee and deposit changes
• Current official TÜRKPATENT trademark fees