TÜRKPATENT’s New Trademark Cancellation Mechanism and Changes to the 2025 Fee Schedule

Last weekend, significant developments took place regarding trademark cancellation and renewal. On March 15, 2025, the Turkish Patent and Trademark Office (TÜRKPATENT) published two important communiqués in the Official Gazette. The first was the Regulation on Cancellation Due to Non-Use of Trademarks, while the second concerned changes to the Fee Schedule applicable in 2025. The regulation on cancellation due to non-use, in particular, is of great importance as it addresses a long-awaited change. In this article, we have explained the changes these regulations bring to trademark registration and renewal processes.

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. This amount remains valid.
   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.

Trademark Renewal Fees and New Regulation for Class 35

The regulation also introduces new fee structures for trademark renewals and certain applications.

1. Trademark Renewal Fees
   Previously, renewal fees were calculated as a single fixed fee, regardless of the number of classes.
   Under the new regulation:
   • 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.

2. New Fee Structure for “Retail Services” in Class 35
   A new fee model has been introduced for retail services under paragraph 5 of Class 35.
   Under the previous practice, a single class fee was charged for all goods listed under Class 35.
   Under the new regulation:
   • 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.
  • Registration 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.

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