Trademark Non-Use Revocation in Turkey: Administrative Cancellation & Defense
- Jan 20
- 5 min read
Updated: Mar 11
In Turkish trademark law, active use is not a requirement for filing or obtaining a trademark registration. However, keeping the full protection of that registration is strictly dependent on the "use requirement". Under the Turkish IP system, a trademark can be registered even if it has never been used. However, this does not grant the trademark owner an infinite and unmonitored monopoly. To prevent inactive marks from taking up space in the market and to ensure that signs do not remain idle or uselessly blocked from public use, the lawmaker has granted a 5-year "grace period" from the date of registration. Once this period expires, meeting the use requirement becomes a legal necessity.
In this article, we will detail the following key concepts essential for trademark owners to prevent loss of rights:
What Constitutes Trademark Use? The criteria for a trademark to be legally considered "in use."
The 5-Year Grace Period: The meaning and time limits of this protection.
Legal Consequences of Non-Use: Administrative revocation (cancellation), proof of use requirements in oppositions, and the non-use defense in litigation.
Pierre Auguste Renoir (1841-1919), "The Piazza San Marco, Venice"
The Use Requirement and the 5-Year Grace Period
Under the Industrial Property Code No. 6769 (“Code 6769”), the effective protection of trademark rights is realized not just through registration, but through its commercial “use”. Article 9 of the Code 6769 places a "burden of use" on the owner. However, the law requires "genuine use" rather than just symbolic or fake use. According to Article 9/1 of the Code 6769:
“If, within a period of five years following the date of registration, the trademark has not been put to genuine use in Turkey by the trademark owner in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trademark shall be revoked, unless there are proper reasons for non-use.”
As per the letter of the law, the total absence of use during the first five years does not result in any loss of rights. However, once this "shield" expires, the trademark becomes vulnerable to sanctions such as revocation, proof of use requests, or non-use defenses.
For use to be considered "genuine," it must go beyond symbolic sales and aim to create or maintain a market share for the goods or services concerned. Operations that lack economic value and are performed solely to preserve the registration are not legally valid. Therefore, the use must be of such intensity that it ensures the goods or services are recognized in the market, distinguishing them from those of other undertakings.
Valid Forms of Use (Article 9/2 and 9/3)
Recognizing the dynamics of trade, the lawmaker does not require the trademark to be used exactly as it appeared on the day of registration. The following are considered valid forms of use:
Use in a Modified Form (Provided Distinctive Character is Maintained): Using the mark with minor modernizations or changes in non-essential elements that do not alter the consumer's perception of its essence.
Use via Permission (Licensing): Use by a licensee, distributor, or authorized dealer with the owner's consent is counted as use by the owner. Also, if a company owns the mark but it is used by the company's director or manager, this is also accepted as valid use.
Use Solely for Export: Even if the products are not sold in the Turkish domestic market, the application of the trademark to goods or packaging within Turkish borders strictly for export purposes satisfies the use requirement.
Legal Consequences and Penalties for Non-Use
Failure to satisfy the trademark use requirement after the 5-year grace period makes the right "fragile." The owner risks not only losing the property right itself but also being unable to enforce those rights against third parties.
Administrative Revocation (TURKPATENT Process): Effective as of 10 January 2024, the authority to revoke trademarks for non-use was transferred from the courts to the Turkish Patent and Trademark Office (“TURKPATENT”). Under Article 26/1(a), any interested party may now apply directly to TURKPATENT for the revocation of a trademark that has been inactive for 5 years.
Once an application is made, TURKPATENT notifies the trademark owner. The owner has 1 month (plus an optional 1-month extension) to submit evidence of use. The burden of proof is on the trademark owner. If the owner cannot prove genuine use or show a good reason (like an import ban or natural disaster), the trademark is revoked.
If TURKPATENT decides to revoke the mark (or rejects the request), the affected party can appeal to the Re-examination and Evaluation Board (the “Board”) within 2 months of the notification. If the Board decision is also unfavorable, the party can file a lawsuit to cancel the Board decision. This lawsuit must be brought before the Ankara Intellectual and Industrial Property Civil Courts within 2 months of receiving the Board decision.
Proof of Use in Opposition Proceedings: When a trademark owner opposes a new application based on the "likelihood of confusion-similarity" (Art. 6/1), the applicant is granted the "Proof of Use Defense" under Article 19/2. If the opponent's trademark has been registered for more than 5 years at the time of the new application, the applicant can demand proof of use. The opponent then has 1 month to prove they have used their trademark in the last 5 years. If they cannot prove, their opposition is dismissed in terms of Article 6/1 (likelihood of confusion-similarity).
Non-Use Defense in Infringement and Invalidation Lawsuits: In court, non-use is a potent strategic weapon. Under Article 29/2, a defendant in an infringement lawsuit can raise a "non-use defense." If the plaintiff cannot prove use within the 5 years preceding the lawsuit, the case may be dismissed. Similarly, in invalidation actions (Art. 25/7), the defendant can demand that the plaintiff prove the use of the earlier-dated mark they are relying upon.
Conclusion: Securing IP Rights through Systematic Documentation
The shift to administrative revocation in 2024 has transformed the trademark use requirement from a theoretical risk into an immediate administrative reality. A mark that remains unused after five years is merely a "paper right," defenseless against competitors.
For Trademark Owners: To prevent administrative revocation and maintain effective protection, it is essential to systematically archive invoices, catalogs, advertising data, and packaging samples that prove "genuine use."
For New Applicants: To overcome "old but unused" trademark obstacles, legal tools such as administrative revocation, proof of use requests (against oppositions made solely for intimidation), and non-use defenses must be used at the right time and with the correct procedure.
In this technical and time-sensitive area of trademark law, getting professional guidance is the safest way to prevent the loss of rights, protect your brand's commercial value, and overcome unfair oppositions.
Please contact us for detailed information on identifying and archiving your evidence of use, managing your opposition processes at TURKPATENT, and handling litigation.
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