Industrial Property Law No. 6769, prepared in line with EU Trademark Directive 2015/2436, introduced an important change regarding the cancellation of trademarks. As of 10 January 2024, the Turkish Patent and Trademark Office may decide on certain trademark cancellation requests without the need to file a lawsuit before the specialized courts.
Under Article 26 of the law, a trademark may be cancelled if it has not been put to genuine use for the registered goods or services, if it has become a generic name for those goods or services, or if it misleads the public as to the nature, quality or geographical origin of the goods or services.
This administrative cancellation route is especially important for trademarks that have completed the five-year non-use period. Trademark owners should review whether their marks are being used seriously in Turkey for the goods and services covered by the registration.
Evidence of use may include invoices, catalogues, price lists, packaging, labels, photographs, advertisements and other documents showing actual commercial use. The nature of acceptable evidence may vary depending on the relevant goods or services.
The new period requires trademark owners to keep their use evidence organized and to respond promptly to cancellation requests submitted before the Office.