Revision of the Regulation on the Implementation of Industrial Property Law presents an important development in Turkey. The amendment came into force after the circuit of the Official Gazette dated March 15, 2025 and numbered 32842.
Introduction
Revision of the Regulation on the Implementation of Industrial Property Law has been made as after the circuit of the Official Gazette dated March 15, 2025 and numbered 32842.This article provides a concise overview of the changes introduced by the new Regulation and examines their potential implications for the Turkish IP market.
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What is meant by intellectual property rights?
Intellectual property (IP) generally refers to creations of the mind—such as inventions, literary and artistic works, and symbols, names, and images used in commerce. IP rights are traditionally divided into two main categories:
- Copyright and rights related to copyright
- Industrial property
In a more specific context, industrial property rights include trademarks, designs, utility models, and patents. These rights ensure legal protection for innovation and branding, playing a vital role in supporting creativity and competitiveness in the market.
What is the meaning of intellectual property law?
Intellectual Property law covers legal standards, benchmarks and principles to safeguard rights of the creators and owners of inventions and enforcement of intellectual property rights.
The Industrial Property Code (Numbered 6769) was enacted by Turkey in 2016. The Code entered into force on 10 January 2017. The main objective of this Code is to protect the rights relating to trademark, geographical signs, design, patent, utility model and traditional product names and thus to contribute to technological, economic and social progress.
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Which institution is responsible for the registration and cancellation of intellectual property rights?
Turkish Patent and TradeMark Office (TürkPatent) is the main authority to accept applications for the registration and renewal of patents, utility models, trade marks as well as industrial designs and geographical indications. Furthermore, the TurkPatent, has a special mission to contribute to the increase in improving and leading intellectual capital and innovation capacity.
What is the news for the revision of the Regulation on the Implementation of Industrial Property Law
The revised Regulation introduces procedures for implementing the administrative cancellation mechanism under Article 26. According to Article 30 of the Revised Regulation, each cancellation request must relate to a single registered trademark.
If the trademark in question is not registered at the date of the request, has expired, or has not been registered for at least five years (in cases falling under Article 26(1)(a)), TÜRKPATENT shall reject the cancellation request.Upon request, the authority for the cancellation of the trademark concerned was also given to the TürkPatent because of the following situations in accordance with Article 26:
- Existence of conditions set out in the first paragraph of the Article 9,
- Trademark becoming generic for the registered goods or services,
- Trademark misleading the public,
- Use of trademarks contrary to Article 32.
In accordance with Article 30 of the Regulation on the Implementation of Industrial Property Law, each cancellation request is made for a single registered trademark.
If the trademark requested to be cancelled is not registered on the date of the request, the trademark right has expired, or if the trademark has not been registered for at least five years in the case of cancellation requests submitted within the scope of subparagraph (a) of the first paragraph of Article 26 of the Law, the TürkPatent decides to reject the cancellation request. Final cancellation decisions made by the Institution are recorded in the Registry and published in the Bulletin.
Conclusion
In summary, the Turkish government has newly introduced significant amendments to the main Regulation on Industrial Property. The available article is intended to present an updated information on the revision of the Regulation on the Implementation of Industrial Property Law.
To conclude, Turkey has introduced a noteworthy amendment to the Regulation on the Implementation of the Industrial Property Law, particularly focusing on administrative cancellation procedures for registered trademarks. The new powers granted to TÜRKPATENT by the Revision of the Regulation on the Implementation of Industrial Property Law reflect a shift toward more centralized and efficient enforcement of IP rights. However, questions remain regarding how extensively the Office will assess the substantive merits of trademark files in practice. Stakeholders in the IP field should monitor the application of these provisions closely in the coming months.
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