The Turkish Patent and Trademark Office (TÜRKPATENT) Implements New Official Fee Structure and Cancellation Procedure Regulations in Turkey!
On March 15, 2025, the Turkish Patent and Trademark Office (TÜRKPATENT) published an amendment in the Official Gazette (Issue No. 32842), introducing significant modifications related to trademark application and renewal fees, alongside a newly established regulatory framework for trademark cancellation procedures. Notably, this amendment introduces an deposit fee system for cancellation requests, restructuring the financial and procedural aspects of the cancellation process. These amendments took effect on the publication date.
- Trademark Application Fees
For trademark applications under Class 35-5, each subclass exceeding two within the 34 designated goods classes is subject to an additional official fee.
- Trademark Renewal and Late Renewal Fees
Trademark renewal fees are now determined based on a class-based system. The process remains unaffected by the amendments for up to two classes. However, starting from the third class, a class-based calculation will apply. Late renewal procedures have also been revised accordingly.
- New Regulatory Framework for Trademark Cancellation
A seperate regulation specifically detailing the procedural aspects of trademark cancellation was anticipated; however, instead of issuing a standalone regulation, amendments were introduced to the Regulation on the Implementation of the Industrial Property Law, published in the Official Gazette on March 15, 2025.
These provisions establish a structured framework for cancellation, covering critical aspects such as:
The right to respond: Trademark owners are granted a specified timeframe to submit their defense.
Time extensions: Additional time may be granted to parties involved in the process upon request.
Individual cancellation requests: Cancellation request must be filed for each trademark even if subjected trademarks are hold by the same owner.
Correction of deficiencies: A one-month period is provided to remedy any deficiencies in incomplete applications.
Deposit fee: The official fee consists of two distinct components:
- Trademark cancellation fee
- Deposit fee
It should be emphasized that if the cancellation is fully granted, the deposit fee will be refunded to the applicant. If the cancellation is fully rejected, the deposit fee will be paid to the trademark owner upon request. If the decision is partially accepted, the deposit fee will be retained by TÜRKPATENT as revenue, and no refunds will be made to either party. Refunds of the deposit fee will only be processed after a final decision has been issued by the Turkish Patent and Trademark Office.
Please note that this deposit fee system applies to cancellation requests filed on or after March 15, 2025, and doesnot affectthose filed before this date.
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.
