Information Notice On Recent Updates Regarding The Cancellation Of Trademarks And Trademark Application And Renewal Fees In Türkiye

4 June 2025

Turkish Patent and Trademark Office (TPTO) has announced new regulations in the Official Gazette (Issue No. 32842) concerning changes to trademark application and renewal fees, along with a newly established regulatory framework for trademark cancellation procedures, effective March 15, 2025.

Trademark Renewals

The official trademark renewal fees will be calculated based on the number of classes. The renewal process remains unchanged for up to two classes; however, for the third and subsequent classes, an additional fee will be charged on a per-class basis. Relevant revisions have also been implemented in late renewal procedures.

Trademark Applications

It is necessary to specify the particular goods under Class 35-5 (which includes services related to the bringing together, for the benefit of others, of a variety of goods, namely, (goods) enabling customers to conveniently view and purchase those goods, whether through retail stores, wholesale outlets, electronic media, or mail order catalogues).

Within the scope of current changes, for trademark applications under Class 35-5, additional fees will be applied for 3rd and each subsequent sub classes selected within the 34 designated goods classes.

Trademark Cancellation

Requests regarding cancellation of trademarks became Turkish Patent and Trademark Office’s (“TPTO”) jurisdiction instead of the Courts starting from 10 January, 2024. Accordingly, it is possible to file requests for cancellation for the following cases before TPTO:

a) Non-use of a trademark within a period of five years following the date of registration, or suspension of the use during an uninterrupted period of five years.
b) Trademarks becoming generic for the registered goods or services due to trademark proprietor’s actions or as a consequence of necessary measures not taken by the trademark proprietor.
c) Trademark misleading the public concerning the nature, quality or geographic origin of the goods or services for which it is registered, as a result of the use by the trademark proprietor himself or with the trademark prorietor’s consent.
d) Use of trademark contrary to the technical specifications for the guarantee mark or collective mark.

While it was possible to file requests for cancellation since 10 January, 2024 before TPTO; changes brought to Regulation on the Implementation of the Industrial Property Code (“Regulation”) relating with the new cancellation proceedings were not announced.

We would like to inform our colleagues and associates about the newly introduced changes to Regulation in terms of cancellation requests before TPTO, as well as the changes in trademark application and renewal fees.

Preview of cancellation proceedings before TPTO

– It is determined that after the cancellation request is duly filed, this request shall be notified to the trademark holder, where TPTO grants the trademark holder one month to provide evidence. TPTO may grant an extension of time upon request.
– Separate requests for cancellation shall be filed against each trademark, meaning the fees shall reincur for each trademark even if the trademarks are in the name of the same entity.

Newly introduced legal deposit

– Up until the announcement of the new changes, it was required to pay the official fee for cancellation request to TPTO. With the new changes, it is decided that TPTO will also require a deposit amount to be paid at the time of filing these requests.
– Further, it is announced that in case the cancellation request is totally accepted, deposit amount shall be returned to the party which filed the request. Whereas, if the cancellation request is totally refused, the deposit amount shall be awarded to the trademark holder. Finally, if the cancellation request is partly accepted, the deposit amount shall be recorded as revenue of TPTO.

Comments

– TPTO still did not start to officially notify the trademark holders regarding already filed cancellation requests. For already filed requests, it is understood that the legal deposit amount shall not be requested.
– In contrast, for the cancellation requests filed after 15 March, 2025; payment of the deposit amount shall be requested in addition to the official fee for filing the cancellation request.
– Consequently, choosing the goods and services which the cancellation request will be directed against is of high importance, especially since awarding the deposit amount to the party which filed the request will be possible only in cases where the request is totally accepted.

It is expected for TPTO to announce further details regarding cancellation requests based on non-use soon. We will surely keep our colleagues and associates informed about this new regulation as the changes unfold.

Best regards,

SIMAJ PATENT & TRADEMARK ATTORNEYS