New Trademark Cancellation Procedure in Türkiye

Globally, the legal framework for trademark protection is constantly changing to adapt to the needs of the modern business environment. Recently, Turkey has made significant adjustments to the trademark cancellation procedure. According to the Turkish Industrial Property Law, the Turkish Patent and Trademark Office (TPTO) will be responsible for handling trademark cancellation procedures.

Turkey introduced an administrative procedure for trademark cancellation in the Industrial Property Law promulgated on January 10, 2017, changing the trademark cancellation matters previously handled by specialized intellectual property courts to the Turkish Patent and Trademark Office. However, the specific implementation of this provision has been postponed to 2024. Due to the lack of implementation details, the TPTO has not conducted a substantive review.

On March 15, 2025, Turkey officially implemented the Implementing Rules of the Industrial Property Law, which detailed the administrative procedures for trademark cancellation. According to the new procedures, the cancellation request must be submitted using the prescribed form and must include the following information: the registration number of the trademark requested to be cancelled, the relevant goods or services, the identity and contact information of the requester, if the request is submitted through a trademark agent, the identity and contact information of the agent, the legal basis for the cancellation and any supporting information or documents, and information on the payment of cancellation fees. Each trademark must be submitted for cancellation separately, and cancellation requests for multiple trademarks belonging to the same person or legal person will not be accepted.

At the same time, two new trademark cancellation fees have been introduced for trademark cancellation, namely, the trademark cancellation fee and the escrow fee until a final decision is made on the cancellation request. The new fee structure does not apply to cancellation requests submitted before March 15, 2025.

If the cancellation request does not meet the formal requirements, the person making the cancellation request must respond with a correction within 1 month from the date of issuance, otherwise the request will be rejected. The trademark owner must respond to the cancellation request within 1 month and provide further evidence of the actual use of the trademark for the registered goods and services or a legitimate reason for non-use. This response and the deadline for providing evidence can be extended by 1 month. In response to the cancellation decision made by the TPTO, the parties may file a lawsuit with the High Review Committee within 2 months. The first instance Intellectual Property Courts (Ankara IP Courts) may revoke the decision within 2 months.

If the trademark cancellation request is rejected, the previously paid escrow fee can be refunded to the trademark owner upon request; if the trademark cancellation request is accepted, the escrow fee will be refunded to the trademark cancellation requester. If the cancellation request is partially accepted, the fees in the escrow account will be retained as income of the TPTO.

The cancellation fee and escrow fee structure in the new regulations shows that the Turkish government is ensuring the seriousness and effectiveness of the cancellation procedure through financial means, which also encourages trademark holders to respond to the threat of cancellation in a timely manner.