It Is Expected That the Turkish Patent and Trademark Office Will Be Authorized to Revoke Trademarks

Article 26 of the Industrial Property Code numbered 6769 (the “IPC”) regulated the circumstances in which the Turkish Patent and Trademark Office ("TÜRKPATENT") would be entitled to revoke a trademark. However, IPC postponed the entry into force of such arrangement to the seventh anniversary of the IPC’s enactment, which is set to expire as of January 10, 2024.

Up until the entry into force of the abovementioned Article 26 of the IPC, the courts have maintained the authority to revoke trademarks. However, as the date for the entry of the above provision approaches, the changes set to take effect as of January 10th have become significant. As of this date, TÜRKPATENT will exercise the authority to revoke trademarks.

Following the entry into force of Article 26 of the IPC enters, upon the application of interested persons, TÜRKPATENT will be able to revoke trademarks upon the occurrence of following events:

• a trademark owner fails to genuinely use the trademark in Türkiye, for the goods or services it was registered, without due cause, within 5 years from the registration date of the trademark or the suspension of such use for an uninterrupted period of 5 years;
• a trademark becomes a generic name due to the owner’s actions or failure to take the necessary precautions;
• a trademark misleads the public, especially concerning the nature, quality, or geographic origin of the goods or services for which it is registered, as a result of the use of the trademark owner or its consent;
• a trademark registered as a guarantee mark or a collective mark is used contrary to the provisions detailed under the IPC.

What will be the outcome of the ongoing revocation cases before the court?

Revocation cases already pending before the courts as of January 10, 2024 will be finalized by the courts. Therefore, the entry into force of the provision will not affect ongoing revocation cases before the courts. Subsequent to the conclusion of the judicial process, the courts will ex officio send their finalized revocation decisions to TÜRKPATENT.

After Article 26 of the IPC comes into force, amendments are expected to be made to the Regulation on the Implementation of the Industrial Property Code.

Notwithstanding the new change, it is worth noting that the courts will continue to maintain the authority to invalidate trademarks for absolute grounds for refusal (e.g., lack of distinctiveness in the sign) or relative grounds for refusal (e.g., the sign contains someone else’s trade name).