Non-Use Revocation of a Trademark in Türkiye

When a mark can be revoked

Under article 26 of Industrial Property Law No. 6769, a mark can be revoked if, without a valid reason, it has not been put to genuine use in Türkiye for the registered goods and services within five years of registration, or if use has been suspended for an uninterrupted period of five years. The authority to decide moved from the courts to TÜRKPATENT on 10 January 2024.

Why it matters

An unused earlier mark can block your application through an opposition or a refusal. Revocation for the unused goods often clears the way faster than negotiation.

For owners

Keep dated evidence of use for each important class: invoices to Turkish customers, product photos, catalogues, advertising and online sales records.

The procedure at TÜRKPATENT

The request is filed with its reasons and the official fee. TÜRKPATENT sends it to the owner, who has one month to submit evidence of genuine use or of valid reasons for non-use. The Office then decides on the evidence; its decision can be appealed to the Re-examination and Evaluation Board (YİDK) within two months of notification, and the Board's decision can then be challenged before the Ankara Intellectual and Industrial Property Rights Civil Court within two months.

A worked example

For example, imagine a company whose new trademark application is refused because of an earlier registered mark for the same kind of goods. The earlier mark was registered more than five years ago, and the company finds no sign of it on the Turkish market.

1. Investigation: we look for use of the earlier mark in Türkiye for the goods concerned: online, in marketplaces, on the owner's website and in the trade.
2. Own deadline: the appeal against the refusal of the company's application still has to be filed with the YİDK within two months of notification, so we prepare it at the same time.
3. Request: we file the revocation request at TÜRKPATENT only for the goods that block the application, with its reasons and the investigation results.
4. Owner's answer: the owner has one month to submit evidence of genuine use or of valid reasons for non-use.
5. Decision: TÜRKPATENT decides on the evidence. If the earlier mark is revoked for those goods, the obstacle may fall away; if use is proven, the company knows where it stands and can adapt its mark or its list of goods.

Points to check before filing

• The five-year period: count it from the registration of the target mark, and check whether use may have been suspended for an uninterrupted five years.
• The scope: aim the request at the goods and services that actually block you. A focused request is easier to support with investigation results.
• The investigation: the wider it is, the fewer surprises when the owner answers with evidence.
• Other routes: an approach to the owner may lead to an assignment of the mark or a letter of consent. We advise on the order in which to try these routes.

When a request reaches an owner

One month is short, so owners should act as soon as the request is notified. We check which goods and services are targeted, collect the evidence class by class and present it so that each document shows the mark, a date and the goods, with a link to customers in Türkiye. Evidence spread over the period is more convincing than a single document. Where use was suspended for a valid reason, the reason has to be explained and documented. If the mark is not used for some of the targeted goods, it can be wiser to defend only the goods that are really used than the whole list. Renewal does not require proof of use, but a renewed mark that is not used can still be revoked.

Timing and cost

After the owner's one-month answer period, the time TÜRKPATENT needs to decide depends on its workload and on the case. The cost depends on the number of marks and goods targeted, the depth of the use investigation, the volume of evidence and translations, and whether the decision is challenged in court, where the case is conducted by lawyers. The official fee and our professional fees are quoted separately in writing.

Legal basis

Industrial Property Law No. 6769 (SMK), article 9 (use requirement) and article 26 (revocation), in force for TÜRKPATENT since 10 January 2024.