The cancellation authority granted to the Turkish Patent and Trademark Office is regulated by Article 26 of the Industrial Property Law numbered 6769, and this provision will enter into force 7 years after the date of publication in accordance with Article 192/1-a of the Industrial Property Law. Pursuant to the 1st paragraph of the temporary Article 4, until the cancellation authority given to the Turkish Patent and Trademark Office enters into force, the cancellation authority is given to the courts. Considering the publication date of the Law, which is 10 January 2017, the Turkish Patent and Trademark Office will be able to use its cancellation authority as from 10 January 2024.

According to Article 26 of the Industrial Property Law numbered 6769, effective from 10 January 2024, the Turkish Patent and Trademark Office will have the authority to cancel trademarks under certain conditions. In the presence of the following conditions, the cancellation of the trademark can be requested before the Turkish Patent and Trademark Office. Accordingly, the relevant persons may apply to the Turkish Patent and Trademark Office and request the cancellation of the trademark:

  • if the trademark in Turkey is not used substantially in respect of the goods or services for which it is registered without a justifiable reason within 5 years from the date of registration, or if its use is suspended for 5 years without interruption (IPL 9/1),
  • where the trademark has become a common name for the goods or services for which the trademark is registered as a result of the acts of the trademark proprietor or his failure to take the necessary precautions,
  • in the event that, as a result of the use carried out by or with the permission of the trademark proprietor, the trademark misleads the public, particularly as to the nature, quality or geographical origin of the goods or services for which it is registered,
  • in case of usage contrary to the technical specifications of the guarantee mark or the co-brand (IPL 32).

Following the notification of the cancellation request to the owner of the relevant trademark, the trademark owner must submit the evidence and responses to the Turkish Patent and Trademark Office within one month. The Turkish Patent and Trademark Office may request additional information and documents, if deemed necessary, and will render a decision following the examination of the file.

Burcu Okyay
Partner | [email protected]
Altar Şahin
Associate | [email protected]
Yusuf Ziya Tan
Legal Intern | [email protected]