As known, Article 26 of the Industrial Property Law No. 6769 (IP Code), which came into force on January 10, 2017, granted the Turkish Patent and Trademark Office (TÜRKPATENT) the authority to decide on trademark cancellations. However, the enforcement of this authority was postponed for seven years, and the article officially came into effect on January 10, 2024. Although no announcement has been made or no regulation or guideline has been published on the procedure by TÜRKPATENT until now, TÜRKPATENT announced that they were accepting preliminary applications for non-use cancellations via the electronic filing system, namely EPATS as of January 10, 2024.
We would like to highlight that the amendment to the Regulation on the Implementation of the IP Code, concerning the exercise of this cancellation authority, was published in the Official Gazette No. 32842 on March 15, 2025, and has officially entered into force. In this regard, the key amendments introduced by the Regulation are as follows:
- Requests for the cancellation of a registered trademark must be submitted to TÜRKPATENT by the relevant parties.
- Trademark cancellation requests must be directed against the individuals or legal successors registered as the trademark owner in the Registry on the application date. If ownership changes during the cancellation examination, proceedings will continue against the person recorded as the owner in the Registry.
- Each cancellation request must be filed for a single registered trademark. Accordingly, even if multiple trademarks belong to the same owner, it will not be possible to request the cancellation of more than one trademark through a single application. The cancellation request must be submitted to TÜRKPATENT with a signed cancellation request form, specifying the grounds for cancellation under Article 26 of the IP Code. Payment of the required fee and submission of proof of payment to TÜRKPATENT is mandatory for the examination of the request.
- The cancellation request form must include:
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- The registration number of the trademark subject to cancellation,
- The goods or services for which cancellation is sought,
- The identity and contact details of the applicant or their representative, if applicable,
- The grounds for cancellation,
- Proof of fee payment.
- If the cancellation request is incomplete, the applicant will be notified and given a one-month period to rectify the deficiencies. This period will start from the date of notification. If the deficiencies are not remedied within the specified period, the request will be rejected, and the paid fee will not be refunded.
- If it is requested that the cancellation decision take effect retroactively, i.e., before the date of submission to TÜRKPATENT, the applicant must clearly specify the desired effective date in the cancellation request.
- TÜRKPATENT grants the trademark owner one month to submit its response and supporting evidence regarding the cancellation request. If requested within this one-month period, an additional one-month extension may be granted. Any responses or evidence submitted after the deadline will not be considered.
- If deemed necessary, TÜRKPATENT may grant the parties an additional one-month period to submit additional information, documents, or explanations regarding the request and its grounds. If the requested additional information, documents, or explanations are not provided within this period, the cancellation request will be evaluated based on the available information and documents in the file. Any late submissions will not be considered.
- If, on the application date, the trademark in question is no longer registered, the trademark right has expired, or in cases where the trademark has not been registered for at least five years under Article 26(1)(a) of the IP Code, TÜRKPATENT will decide to reject the cancellation request. This rule will also apply to retroactive cancellation requests, where the registration status of the trademark at the requested effective date will be taken into account.
- For cancellation requests based on Article 26(1)(a) of the IP Code, if the trademark has been registered in Türkiye for at least five years as of the request date, the trademark owner is required to provide evidence demonstrating genuine use of the trademark for the relevant goods or services in Türkiye or valid reasons for non-use. Any use that takes place within the three months preceding the submission of the request, solely to prevent cancellation, will not be considered. If the trademark owner fails to provide evidence within the designated period, or if the evidence does not sufficiently demonstrate genuine use for the relevant goods or services, TÜRKPATENT will accept the cancellation request. However, cancellation will not extend to similar goods or services.
- Regarding the proof of use, reference is made to the provisions applicable in opposition proceedings.
- Final cancellation decisions issued by TÜRKPATENT will be recorded in the Registry and published in the Official Bulletin.
- The cancellation fee consists of two components:
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- The "Official Fee", which is always retained by TÜRKPATENT,
- The "Escrow Deposit", which is refunded depending on the outcome.
- These fees must be paid in a single payment at the time of application.
- If the request is fully rejected, the escrow deposit will be refunded to the registered trademark owner.
- If the request is fully granted, the escrow deposit will be refunded to the applicant.
- If the request is partially granted, the escrow deposit will be retained by TÜRKPATENT.
- Refunds can only be made upon request, and only after the final decision has been issued.
- For 2025, the prescribed fees are:
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- Trademark Cancellation Fee: TRY 28,150.00
- Trademark Cancellation Escrow Deposit: TRY 23,458.33
- Any fees that remain unclaimed within ten years after the decision becomes final will be transferred to TÜRKPATENT as revenue.
- If a cancellation request is rejected due to deficiencies, the escrow deposit can be refunded to the payer upon request.
- For preliminary applications submitted after the enactment of the Law, a notification regarding deficiencies will be issued in line with the new Regulation. However, no escrow deposit will be required for these preliminary applications.
- Cancellation requests may be withdrawn before a decision is issued. In such cases, the applicant must submit a withdrawal request form and, if represented by an attorney, a power of attorney explicitly authorizing withdrawal. If the request is withdrawn, the escrow deposit will be refunded to the applicant upon request.
For any inquiries or additional support concerning cancellation requests, please feel free to reach out to us for further information and guidance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
