First published at ManagingIP.com.
The authority for trademark revocation (or trademark cancellation) was transferred from the courts to the Turkish Patent and Trademark Office (TPTO) under Article 26 of the Industrial Property Code No. 6769 (the code). The change went into effect on January 10, 2024.
Despite approaching the one-year mark since the enforcement of this article, secondary regulations within the Regulation on the Implementation of the Industrial Property Code (the regulation) have yet to be implemented.
The delay has created uncertainty in practice, causing both attorneys and rights owners to defer their revocation applications.
Grounds for revocation
To provide a clearer understanding, here is a summary of the grounds for trademark revocation under Article 26 of the code:
Non-use: Trademarks not used in Turkey (Türkiye) for five consecutive years if the owner cannot provide evidence of substantial use;
Genericization: If a trademark becomes a generic term for goods or services due to the owner's actions or inactions;
Misleading use: Trademarks that mislead the public about the nature, quality, or origin of the goods or services;
Violation of technical regulations: Guarantee or collective marks used contrary to their technical regulations.
Current status of trademark revocation
As of today (December 5, 2025), the current status of administrative trademark revocation is as follows:
Preliminary applications transformed into formal applications: After the entry into force of Article 26, revocation requests were initially submitted as preliminary applications. Starting in April 2024, with the introduction of the revocation fee, these were converted into formal applications. Currently, the TPTO charges a ‘trademark revocation request fee’ of TL 19,560 (USD 563) per trademark.
TPTO delays examination: Although it accepts revocation requests, the TPTO has not yet begun examining them. The delay is attributed to pending changes to the regulation.
The regulation awaits ministry approval: The necessary regulation changes are awaiting approval by the Ministry of Industry and Technology. Although no specific date is provided, the changes could take effect shortly after receiving the required approvals.
Guidelines awaited: The TPTO is also expected to issue a guideline on administrative revocation procedures, but this will only be possible after the regulation changes take effect.
Conclusion
The delay in implementing regulation changes has led to postponed TPTO examinations, creating uncertainty for practitioners. However, as Article 26 is already in force, there is no legal basis for these delays.
Since revocation requests can now be submitted by paying the relevant fee, it may be prudent for rights owners to file their applications without further delay. Early submissions are advantageous, as the TPTO is expected to process requests on a first-come, first-served basis.
Moreover, documents related to revocation requests can be submitted to relevant opposition files and court cases, requesting the revocation application to be treated as a prejudicial question.
Additionally, with official fees expected to increase on January 1, 2025, filing requests now could save costs by utilizing the 2024 fee schedule.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 969 09 63
Furkan Mert Ozkaynak
Legal Trainee