Under Article 26 of the Industrial Property Law No. 6769 (“IPL”), the authority to decide on cancellation requests concerning registered trademarks belongs to the Turkish Patent and Trademark Office (“TURKPATENT”). However, Article 192 of the IPL provided that this provision would enter into force seven years after the IPL’s publication date (10 January 2017). During the deferred period, Provisional Article 4 stipulated that courts would exercise the cancellation authority.

As of 10 January 2024, the authority to cancel trademarks shifted from courts to TURKPATENT. This transition, however, did not immediately reflect in practice. The long-awaited secondary legislation governing the administrative cancellation mechanism remained unpublished for an extended period, which created significant legal uncertainty.

This uncertainty ended with the amendments to the Regulation on the Implementation of the Industrial Property Law (the “Regulation”), published in the Official Gazette dated 15 March 2025. The newly introduced Articles 30/A and 30/B finally clarified the procedures and principles governing administrative trademark cancellation.

This article examines the administrative cancellation system in light of the new regulations, focusing on the questions most frequently encountered in practice.

What Is Administrative Cancellation?

Administrative cancellation refers to the termination of a registered trademark’s validity directly by TURKPATENT, without a court judgment. The system aims to remove unjustified or functionless trademarks from the registry more quickly and effectively. This approach ensures that the trademark registry remains up to date and eliminates obstacles that hinder genuine right holders’ registration processes.

Grounds for Administrative Cancellation

Article 26 of the IPL allows administrative cancellation only on grounds expressly listed in the law.

In practice, non-use constitutes the most common ground. A trademark becomes subject to cancellation if, without a legitimate reason, it has not undergone genuine use in Türkiye for the registered goods or services for an uninterrupted period of five years following registration, or if such use has ceased for five consecutive years. In such cases, the trademark owner bears the burden of proof. Invoices, packaging, labels, catalogues, price lists, photographs, and similar commercial documents qualify as acceptable evidence of use. Use of the trademark with different elements, provided that its distinctive character remains unchanged, or use by third parties with the trademark owner’s consent also qualifies as use. However, any use within three months preceding the cancellation request, if carried out solely in anticipation of such cancellation request, does not count.

Another ground concerns trademarks that have become generic over time. A trademark that initially possessed distinctive character may become a common name due to the trademark owner’s actions or failure to take necessary measures. In such cases, the claimant must demonstrate that the trademark has become generic and establish a link between this outcome and the trademark owner’s conduct. The trademark owner must then prove that it took appropriate measures to preserve the trademark’s distinctiveness.

Misleading use also constitutes a cancellation ground. Cancellation arises if the trademark misleads the public regarding the nature, quality, or geographical origin of the registered goods or services. This ground carries particular importance in sectors such as food, textiles, and industries with strong origin associations.

Finally, for guarantee and collective trademarks, use contrary to the technical specifications underlying registration also triggers administrative cancellation.

How to File a Cancellation Request

Applicants may file administrative cancellation requests exclusively before TURKPATENT and only through the Electronic Application System (EPATS). Each request must concern a single registered trademark. The applicant must direct the request against the individual or legal entity registered as the trademark owner or that individual’s legal successor.

The trademark owner may file the request personally or through a trademark attorney registered before TURKPATENT. Attorneys who do not hold trademark attorney status lack the authority to perform this procedure.

The request form must clearly state the trademark’s registration number, the goods or services subject to cancellation, the applicant’s and representative’s identity and contact details, the cancellation grounds, and proof of fee payment. If the application contains formal deficiencies, TURKPATENT grants one month for correction. Failure to remedy deficiencies within this period results in rejection.

Who Can File a Cancellation Request?

Legislation does not specifically define the term “interested party”. This omission reflects a deliberate choice. In practice, anyone with a legal interest in the trademark’s cancellation can file an administrative cancellation request.

Response to the Cancellation Request

TURKPATENT notifies the trademark owner of the cancellation request and grants a one-month period to submit a response and supporting evidence. Upon request within this period, TURKPATENT grants an additional extension of up to one month. TURKPATENT disregards responses and evidence submitted after the deadline.

Cancellation Fees and Deposit Amount of 2026

Applicants must make two separate payments to TURKPATENT for trademark cancellation requests: (i) the trademark cancellation fee and (ii) the deposit amount for the cancellation request.

The amounts payable per trademark are as follows:

• Trademark cancellation fee: TRY 35,320.00
• Trademark cancellation request deposit: TRY 35,320.00

Accordingly, applicants must pay a total amount of TRY 70,640.00 for each trademark subject to cancellation. Applicants must pay this amount in full at the time of application.

The outcome of the deposit depends on TURKPATENT’s decision. If TURKPATENT fully accepts the cancellation request, it refunds the deposit to the applicant. If it fully rejects the request, it transfers the deposit to the trademark owner. In cases of partial acceptance, neither party receives payment, and TURKPATENT records the deposit as revenue.

Withdrawal of the Cancellation Request

According to Article 33 of the Regulation, applicants are entitled to withdraw cancellation requests at any time until TURKPATENT issues a decision, similar to publication and decision objections. If a trademark attorney withdraws the request, the power of attorney must expressly include withdrawal authority. Upon withdrawal, TURKPATENT refunds the deposited amount paid with the cancellation request to the applicant.

Legal Effect of the Cancellation Decision

As a rule, cancellation decisions produce prospective effect. Accordingly, cancellation takes effect as of the date TURKPATENT issues the decision. However, if the cancellation ground arose earlier and the applicant expressly requests retroactive effect, TURKPATENT may apply the decision from an earlier date. The Regulation does not require separate proof of legitimate interest for such request.

Examination, Decision, and Partial Cancellation

TURKPATENT examines administrative cancellation requests on the file. It does not hold hearings or appoint experts. TURKPATENT may fully accept the request, fully reject it, or order partial cancellation limited to specific goods or services. It cannot issue a decision that alters the trademark specimen.

Objection and Judicial Review

Parties are entitled to object to the Trademarks Department’s cancellation decision before the Re-Examination and Evaluation Board (the “Board”) within two months from notification. The Board’s decision constitutes TURKPATENT’s final decision and enters the Official Trademark Registry upon publication.

Parties can file a lawsuit against the Board’s decision within two months from notification before the Civil Court of Intellectual and Industrial Property Rights of Ankara. Filing a lawsuit does not suspend the registry or implementation of the cancellation decision.

General Assessment

The administrative trademark cancellation system represents a significant step toward efficiency and speed in trademark law. The ability to cleanse the registry without awaiting lengthy court proceedings offers substantial practical advantages. However, the high application costs introduced as of 2026 may limit the system’s accessibility.

The system’s overall effectiveness directly depends on TURKPATENT’s decision timelines and consistency in practice. In the coming period, Office practice and Board decisions will more clearly delineate the administrative cancellation system’s scope and impact.