Non-Use Cancellation in Türkiye: TÜRKPATENT’s Administrative Power

Marks that sit on the register but never appear on the market are the most common obstacle to a new application in Türkiye. The law provides a remedy: a mark not put to genuine use within five years of registration can be cancelled on request (Article 9). The procedural change that matters is recent — since 10 January 2024 the request is filed directly with TÜRKPATENT rather than with a court (Article 26).

A power deferred for seven years, now live

When the Industrial Property Code entered into force in 2017, the article granting the Office administrative cancellation powers was suspended for seven years. That period expired on 10 January 2024. In practice, a process that used to require multi-year litigation can now be pursued as an administrative filing.

Grounds for cancellation

• No genuine use within five years of registration, or an uninterrupted five-year suspension of use.
• The mark has become the common name in trade for the goods or services as a result of the proprietor’s conduct.
• Use by or with the consent of the proprietor has made the mark misleading as to nature, quality or geographical origin.
• Use of a guarantee or collective mark contrary to its technical regulations.

What counts as genuine use

Genuine use means real commercial use for the registered goods and services — not token use designed solely to preserve the right. Duration, intensity, geographical spread and normal practice in the sector are assessed together. Use in a form differing in elements that do not alter the distinctive character is accepted, as is affixing the mark to goods or packaging in Türkiye solely for export.

If you own the mark: build the evidence file now

The burden of proof lies entirely with the proprietor, and the response period is short. Dated invoices showing the mark in the product description, packaging and labels, advertising records, dated screenshots of e-commerce listings, distribution agreements and customs documents are the backbone of a successful defence. Evidence that was never archived at the time usually cannot be reconstructed later.

Obstacles outside the proprietor’s control — pending regulatory approvals, import restrictions, prolonged administrative bans — may qualify as proper reasons for non-use. Commercial choices such as lack of funding or a decision to postpone market entry do not.

If you are the applicant: a strategic, priced decision

Cancellation is the most direct way to clear a blocking mark, but the official fee is deliberately high — TRY 35,320 under the 2026 schedule, alongside a deposit item of the same amount. In practice the request is often used as leverage: negotiations for a letter of consent or a partial assignment come first, and the cancellation route follows only if they fail.

Effect of the decision

Cancellation takes effect from the date the request was filed, unlike invalidity, which operates retroactively from the application date. Where the mark is used for part of its specification, cancellation may be partial — only the unused goods and services are removed.

Facing a blocking registration, or defending one? Let us review the file with you.

This article is general information and not legal advice. Official fees are revised annually; confirm the current schedule with TÜRKPATENT before filing.