As a major change, the cancellation / revocation procedure in Turkiye has changed into an
administrative procedure on 10 January 2024. However, some key points of practice in this
administrative cancellation actions remained unclear as the Regulation regarding the framework of
the administrative cancellation actions were not released.
On 15 March 2025, the Expected Regulation have been issued by the Turkish PTO:
Formal Requirements & Adjustments
According to this new regulation, requests regarding the cancellation of a registered trademark are
made to the TPTO by the relevant persons, against the registered trademark owners or their legal
successors recorded in the Registry on the date of the request.
In the event that the right holder changes during the cancellation review, the procedures are
continued against the person recorded as the right holder in the Registry on the date of the request.
Each cancellation request is made for a single registered trademark. The cancellation request is
made to the TPTO with a specific form indicating the article, paragraph and clause equivalents of the
relevant legislation regarding the grounds* for cancellation of the registered trademark.
*Grounds may be one or more of the following: non-use, becoming generic, misleading use and
violation of technical specifications of collective or guarantee marks.
If the cancellation decision is requested to come into force before the date on which the request is
submitted to the TPTO, the date on which the cancellation decision is requested to come into force
must be clearly stated in the cancellation request.
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
non-use cancellation requests, the TPTO will decide to reject the cancellation request without
making the notifications specified in the relevant paragraphs. In applications made with the request
for the cancellation decision to be effective as of an earlier date, it will be examined whether the
trademark is registered on the date the cancellation decision will be effective.
In non-use cancellation requests, provided that the trademark has been registered in Turkiye for at
least five years on the date of the request, the trademark owner is requested to provide evidence on
the genuine use of the trademark in Turkiye or has justified reasons not to use it in relation to the
goods or services subject to the cancellation request. If the trademark owner does not provide
evidence within the time limit or if the goods or services requested to be cancelled do not show that
the trademark has been used seriously, the TPTO shall accept the cancellation request. Any use within three months prior to the submission of the request to the TPTO shall not be taken into
account.
A cancellation decision cannot be made in relation to similar goods or services.
Final cancellation decisions made by the TPTO shall be recorded in the Registry and published in the
Bulletin, including the trademark registration number and registration date, trademark sample,
nationality of the trademark owner, identity and contact information, cancelled goods or services
and class numbers, effective date of cancellation.
Completion of Deficiencies & Withdrawal
If the cancellation request is not made in accordance with the procedure, the applicant shall be given
a period of one month to remedy the deficiency. If the deficiencies are not remedied within the
specified period, the request shall be rejected and the fee received shall not be refunded.
The TPTO grants the trademark owner a period of one month to submit their responses and
evidence regarding the cancellation request. If requested within the said period of one month, the
TPTO grants an additional period of up to one month. Responses and evidence not submitted within
the time limit will not be taken into consideration by the TPTO.
If deemed necessary by the TPTO, the TPTO may grant the parties a one-month period to submit
additional information and documents or to make a statement regarding these and the reasons. If
the requested additional information, documents and explanations are not submitted within this
period, the cancellation request will be evaluated based on the file within the scope of the existing
information and documents. Responses and evidence not submitted within the time limit will not be
considered by the TPTO.
Cancellation requests may be withdrawn before the TPTO makes a decision on the cancellation.
In order for a cancellation request to be withdrawn, a form containing the request must be
submitted to the TPTO along with a Power of Attorney (if requested by an attorney).
Fees and their Transfer
In order for the cancellation request to be reviewed, the fee must be paid together with the
request.
The cancellation fee is calculated as (i) the Official Fee and (ii) the Fee to be kept in the Escrow
Account, and they are paid at the same time to the TPTO.
If the cancellation request is rejected in full, the fee kept in the escrow account is paid to the
registered trademark owner upon request.
If the cancellation request is accepted in full, the fee kept in the escrow account is paid to the
person who made the request.
In the decisions of the TPTO to partially accept the cancellation request, no payment is made to the
parties, and the fee held in the escrow account is recorded as income to the TPTO.
In order to make a request, the final decision must be made by the TPTO.
Fees not requested within ten years from the TPTO’s final decision are recorded as income to the
TPTO.
If the deficiencies are not remedied within the specified period or in case of withdrawal of the
cancellation request, upon demand, the fee held in the escrow account will be returned to the
person who made the request.
Preliminary Applications
In requests received as preliminary applications before the publication date of this Regulation, if the
cancellation request is not duly made, the applicant shall be given a period of one month to remedy
the deficiency. If the deficiencies are remedied within the period, the procedures shall continue.
Changes related with the payments shall not apply to the preliminary applications.
There have also been adjustments for the following Fees:
Trademark Applications covering the last paragraph of Class 35 – approx. 10 USD will be charged for
Each additional Class after the 2nd Class selected under the service “presentation of goods for retail
& wholesale purposes”.
Trademark Renewals – approx. 15 USD will be charged for Each Additional Class after the 2nd class.Z
Late Trademark Renewals – approx. 30 USD will be charged for Each Additional Class after the 2nd
class.
