TÜRKPATENT gained authority to handle non-use trademark cancellations, replacing the courts, according to Industrial Property Law (Law No. 67691) starting January 10, 2017. However, there was a 7-year transition period, and this shift will officially commence on January 10, 2024.
Post this date, TÜRKPATENT, not the courts, will decide on trademark cancellations due to non-use. This administrative process is intended to offer a quicker and more cost-effective resolution compared to lengthy court proceedings. It is expected that there will be a rise in non-use cancellation actions after January 10, 2024.
Key considerations for trademark owners:
- Trademarks not significantly used in the last 5 years are vulnerable to cancellation.
Usage within 3 months before a cancellation action will not be considered.
- If a trademark, used only for specific goods and services, faces a non-use cancellation request, it will be canceled for the non-used part.
Trademark owners shall take precautions to prevent either partial or complete cancellations due to non-use. Starting to use the trademark is one preventive measure, but it's important to emphasize that substantial and meaningful usage is required.
Footnote
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.