Trademark Revocation

Trademark revocation is the removal of a mark that was valid at registration because of later developments. Under IPL Article 26, which entered into force on 10 January 2024, the power to revoke trademarks moved from the courts to TÜRKPATENT. Interested parties file revocation requests directly with the Office.

Grounds (IPL Article 26(1))

• Non-use: The mark has not been genuinely used for five years without proper reasons; see Non-Use of Trademark.
• Becoming generic: As a result of the owner’s acts or failure to act, the mark has become the common name of the registered goods or services.
• Misleading use: Use by the owner or with its consent misleads the public, particularly as to the nature, quality or geographical origin of the goods.
• Guarantee and collective marks: Use contrary to the technical specifications.

Procedure

The request is notified to the registered owner, who submits evidence and a response within one month; an additional period of up to one month is granted if requested within that time. The Office decides on the file. Each request concerns a single registered mark.

In non-use cases, the request is rejected if genuine use began between the end of the five-year period and the filing of the request. However, use begun within the three months before the request, in anticipation of it, is disregarded (IPL Article 26(4)).

Effect of the Decision

Revocation generally takes effect from the date the request was filed. On request, it may be made effective from an earlier date on which the ground arose (IPL Article 27(2)). Where the ground concerns only some goods or services, partial revocation is ordered.

Revocation and Invalidity

Where the registration was unlawful from the outset — for example a bad-faith application or a likelihood of confusion with an earlier mark — the remedy is a court action for trademark invalidity, not revocation.