Major Development in Non-Use Actions Before the Turkish Patent and Trademark Office (TPTO): What Right Holders Must Know

The Awaited Regulation Published on March 15th Updates Trademark Cancellation Procedures Before the TPTO

As of January 2024, non-use actions are now handled by the TPTO instead of IP Courts. The awaited regulation detailing the implementation was published and came into force on March 15, 2025, introducing significant changes to non-use cancellation procedures.

This regulation establishes formal procedures for non-use actions and introduces a new fee system designed to regulate cancellation requests more effectively.

Key Highlights of Non-Use Actions Under the New Regulation

- Non-use actions are now exclusively handled by the TPTO.

- Cancellation requests must be filed against the owner of the trademark as registered on the date of the request or against their legal successors. If ownership changes during the process, the proceedings continue against the new right holder.

- Each cancellation request pertains to a single trademark registration (combining multiple registrations under one request is not permitted).

- If a cancellation request lack required information, the applicant is granted one month to correct deficiencies. Failure to do so results in rejection without a refund.

- The TPTO provides the trademark owner with one month to submit responses and evidence of use. If requested within this period, an additional one-month extension may be granted. Responses and evidence submitted after the deadline will not be considered.

- If the trademark is not registered at the time of the request, has lapsed, or has not been registered for at least five years, the Office rejects the cancellation request.

- Any use initiated within three months prior to the submission of the request, aimed at avoiding revocation, will not be considered valid.

- If the trademark owner fails to submit evidence or if genuine use of the trademark for the specified goods or services is not demonstrated, the TPTO will approve the cancellation request. Cancellation decisions do not extend to similar goods or services.

- The examination will be a two-step process as in the opposition proceedings. Namely, the first examination will be handled by the Trademarks Department and such decision can be appealed before the Higher Council of Re-examination within 2 months. The Higher Council’s decision is the final administrative stage, and the parties will be able to challenge same through a cancelation action before the Ankara IP Courts of First Instance within 2 months.

- Final cancellation decisions are recorded in the Registry and published in the Bulletin.

New Two-Part Fee Structure for Cancellation Requests

A revised fee structure applies to all cancellation requests:

- Cancellation Fee – Paid to the Office for processing the request.

- Escrow Deposit – Temporarily held by the Office until a final decision is reached. This system ensures financial accountability and deters frivolous claims.

Fee Refund Policy:

If Cancellation is Fully Rejected → The escrow deposit is refunded to the trademark owner.

If Cancellation is Fully Accepted → The escrow deposit is refunded to the claimant.

If Cancellation is Partially Accepted → The escrow deposit is retained by the Office.

Important: If the refunded amount is not claimed within 10 years, it is permanently retained by the Office.

For 2025, the prescribed fees are:

- Trademark Cancellation Office Fee: TRY 28,150.00

- Trademark Cancellation Escrow Deposit: TRY 23,458.33

A cancellation request may be withdrawn before the Office concludes the examination, provided a Power of Attorney explicitly authorizing withdrawal is submitted. If a request is withdrawn, the escrow deposit is refunded upon request.

As per the temporary provisions of the Regulation, for pre-applications filed before its enactment, the TPTO will notify claimants to complete any deficiencies. Additionally, for pre-applications filed before March 15, 2025, no escrow deposit will be required.

Final Thoughts

This regulatory update represents a significant shift in Turkish trademark law, directly impacting all trademark owners. Previously, non-use cancellation cases were adjudicated in court. While the new system aims to enhance efficiency and expedite proceedings, it also introduces financial and legal obligations that right holders must navigate carefully.

Although the regulation does not explicitly state this, it is understood that non-use actions will be examined in a two-step process, like other TPTO decisions. The first examination will be conducted by the Trademarks Department Directorate, followed by the Re-examination and Evaluation Council, consisting of three examiners. Once the Council issues a final administrative decision, right holders may challenge it before the Ankara IP Courts of First Instance within two months. Given this structure, court actions challenging TPTO decisions are expected to follow the first round of non-use actions.

Recommendations for Right Holders

To mitigate the risk of unexpected trademark cancellations, right holders should take proactive measures:

Regularly Monitor Trademark Status → Set up alerts for cancellation requests against your trademark.

Maintain Strong Documentation → Keep records of trademark use, including invoices, advertisements, and business records for at least five years.

Respond to Cancellation Requests Promptly → The one-month response period is critical.

Act Fast if a Trademark is Canceled → If a competitor re-registers a canceled trademark, immediate legal action is necessary.

By understanding these changes and staying vigilant, trademark owners can better protect their rights under the revised TPTO framework.