Revocation Of Trademarks

1. INTRODUCTION

With the entry into force of the Industrial Property Code ("IPC") in 2017, it was stipulated that, upon request, the Turkish Patent and Trademark Office ("TPTO") was authorized to decide on the revocation of a trademark (IPC Art. 26). However, pursuant to Article 192 of the IPC, the authority for administrative revocation did not take effect immediately but was postponed for seven years; during this period, revocation proceedings remained within the jurisdiction of the courts.

On the other hand, although Article 26 of the IPC was in force, the procedure and principles necessary for the administrative revocation of trademarks were not completed for a long time, and therefore the process could not be effectively implemented. During this period, the TPTO merely recorded applications submitted electronically but did not conduct a substantive examination thereof. The long-awaited regulation was published in the Official Gazette dated 15 March 2025 and numbered 32842, thereby entering into force; through the articles added to the Regulation on the Implementation of the Industrial Property Code ("Regulation"), detailed provisions regarding the functioning of the administrative revocation mechanism were introduced.

The Regulation Amending the Regulation on the Implementation of the Industrial Property Code ("Amending Regulation"), published in the Official Gazette dated 15 March 2025 and numbered 32842, has introduced detailed procedural rules regarding the administrative revocation procedure, thereby making the application and defense processes of the parties more transparent and predictable. This new system provides significant advantages in terms of both speed and efficiency, while at the same time strengthening Türkiye's alignment with European Union practices.

This article will address the system of administrative revocation of trademarks.

2. REVOCATION REQUEST

Requests for the revocation of a registered trademark pursuant to Article 26 of the IPC shall be filed with the TPTO by the relevant parties. Revocation requests are directed against the right holder recorded in the register or its legal successor; even if the ownership changes during the examination, the proceedings continue against the person appearing as the right holder in the register.

Each revocation request must concern only one registered trademark. The request shall be submitted to the TPTO by means of a signed form indicating which of the revocation grounds set forth under Article 26 of the IPC the request is based upon. For the examination of the request to proceed, the prescribed fee must be paid at the time of filing, together with submission of proof of payment to the TPTO.

1. Revocation Request Form

The revocation request form must contain the following information:

• The registration number of the trademark subject to revocation.
• The goods or services for which revocation is requested.
• The identity and contact details of the applicant.
• If the request is filed through a representative, the identity and contact details of the representative.
• The grounds for revocation, indicating the relevant article, paragraph, and subparagraph of the legislation, together with information or documents in respect of the grounds other than those under Article 26(1)(a) of the IPC.
• Information regarding payment of the prescribed fee.

2. Grounds for Rejection of the Revocation Request

In the event of a deficiency in the revocation request, the applicant shall be granted a period of one month to remedy such deficiency. If the deficiency is not remedied within the prescribed period, the request shall be rejected and the fee paid shall not be refunded.

If, at the date of the request, the trademark whose revocation is sought is not registered, the trademark right has expired, or, in the case of revocation requests submitted under Article 26(1)(a) of the IPC, the trademark has not been registered for at least five years, the TPTO shall reject the revocation request without notification.

3. Revocation Procedure

The TPTO grants the trademark owner a period of one month to submit its response and evidence against the revocation request. Upon request made within this one-month period, the TPTO may grant an additional period of up to one month. Any responses and evidence not submitted within the prescribed period shall not be taken into consideration by the TPTO.

Upon receipt of the revocation application, the TPTO grants the trademark owner the right to present a defense; at the end of the prescribed period, the file is transferred to the examination stage. Where deemed necessary, the TPTO may grant the parties an additional one-month period to submit further information and documents; information and evidence not submitted within this period shall not be taken into consideration, and the file shall be decided on the basis of the existing documents.

In revocation requests submitted under Article 26(1)(a) of the IPC, provided that the trademark has been registered in Türkiye for at least five years as of the date of the request, the trademark owner shall be required to submit evidence demonstrating that the trademark has been genuinely used in Türkiye in relation to the goods or services subject to the revocation request, or that there are valid reasons for non-use. Use made within the three months preceding the submission of the revocation request to the TPTO, solely for the purpose of countering the request, shall not be taken into consideration. Where the trademark owner fails to submit evidence within the prescribed period, or where the evidence submitted is not sufficient to prove genuine use of the trademark in respect of the goods or services concerned, the TPTO shall accept the revocation request. No revocation decision shall be rendered in relation to similar goods or services.

Final revocation decisions rendered by the TPTO shall be recorded in the register and published in the Trademark Bulletin.

4. Revocation Fee

The revocation fee consists of two components: the TPTO fee and the amount to be held in an escrow account, both of which are collected in a single payment at the time of filing.

Upon completion of the examination, the TPTO fee shall in all cases be recorded as revenue of the TPTO. If the revocation request is fully rejected, the amount held in escrow shall, upon request, be refunded to the trademark owner recorded in the register; if the request is fully accepted, the escrowed amount shall, upon request, be refunded to the applicant. In cases where the TPTO partially upholds the revocation request, no payment shall be made to either party, and the escrowed amount shall be recorded as revenue of the TPTO.

Submission of a refund request shall only be possible once the TPTO has rendered its final decision. Amounts not claimed within ten years from the TPTO's final decision shall be recorded as TPTO revenue.

If deficiencies are not remedied within the prescribed period, the revocation request shall be rejected and the fee shall not be refunded; however, where the rejection is on the ground of deficiency, the amount held in escrow shall, upon request, be refunded to the applicant.

5. Transitional Process

For applications that were received as preliminary filings prior to the publication date of the Amending Regulation, the applicant shall be granted a period of one month to remedy any deficiencies. If the deficiencies are remedied within this period, the proceedings shall continue.

On the other hand, based on previous applications, it is understood that the portion of the fee specified as the amount to be held in the escrow account shall not be collected by the TPTO.

6. Withdrawal of the Revocation Request

A revocation request may be withdrawn prior to the TPTO's decision on the merits. In order for the revocation request to be withdrawn, the following documents must be submitted to the TPTO:

• A form containing the request for withdrawal of the revocation application.
• Where the request is filed through a representative, a power of attorney explicitly authorizing the withdrawal.

In the event of withdrawal of the revocation request, the amount held in the escrow account shall, upon request, be refunded to the applicant.

3. CONCLUSION

The administrative revocation of trademarks has brought about a fundamental change in Turkish trademark law, and with the transfer of revocation authority from the courts to the TPTO, the process has become faster and more accessible. The regulations introduced by the Amending Regulation ensure that the procedure operates in a transparent and foreseeable manner, thereby safeguarding the rights of the parties with greater legal certainty.

Nevertheless, the effective functioning of the system imposes significant responsibilities on trademark owners. In particular, it has become critical to maintain evidence capable of proving genuine use of the trademark, to keep trademark portfolios up to date, and to review unused registrations.

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.