For the first time in Turkey, the IP law enacted in 2017 introduced an administrative revocation procedure before the Turkish Patent and Trade Mark Office. However, to ensure a smooth transition, its implementation was delayed until 10 January 2024.

Previously, actions for revocation of trade marks based on non-use were filed as a court action before the specialized IP courts.

As of 10 January 10 2024, the Office has become responsible for handling revocation requests. However, at that date, the regulation on the implementation of the administrative revocation of trade marks was not published.

Due to uncertainties concerning the procedure, the Office started to accept revocation requests as “preliminary applications” but could not start examining them on the merits due to the lack of implementing regulation.

At long last, on 15 March 2025, the Office published a regulation amending the regulation on the implementation of the administrative revocation of trade marks. Accordingly, the Office will start examining the revocation requests on the merits. Mutlu Yıldırım Köse and İrem Girenes Yücesoy answer the key questions.

Changes in the Regulation

In general, the procedure outlined in the Regulation aligns with the IP Code, but there are some changes introduced by the Regulation.

One of the changes in the Regulation is the requirement to file a revocation request for each trade mark.

Previously, it was possible to file a court action requesting the revocation of multiple trade marks belonging to the same person or legal entity. However, with the new Regulation, a separate revocation request must be filed for each trade mark.

Fees

Another significant change is the introduction of an escrow fee which is determined as TL23,458.33 + VAT for 2025 (around €700). This fee must be paid when filing a revocation request, in addition to the official application fee which was previously determined at the same amount.

The Regulation stipulates that the revocation fee consists of two components – the application fee and the escrow fee, which is held in an escrow account – both of which are collected in a single payment.

If a revocation request is entirely rejected, the escrow fee will be refunded to the trade mark owner upon request. If the request is fully accepted, the escrow fee will be returned to the revocation request owner.

This provision is clearly designed to protect trade mark owners from unfair applications as it allows them to be compensated to a certain extent for their efforts in proving the genuine use of their trade marks by receiving the escrow fee.

However, the Regulation also introduces a compelling provision stipulating that in cases where the revocation requests are accepted partially, no payment will be made to the parties, and the fee held in the escrow account will be recorded as income for the Office.

Thus, in order to avoid forfeiting the escrow fee, it has become crucial to file a revocation request directed at the goods and services for which the trade marks have not been genuinely used, and for the owners to prove the genuine use of their trade marks for all goods and services subject to the revocation request.

The provision of the Regulation establishing the escrow fee will not be applied retroactively to revocation requests submitted before its enactment.

Form and procedure

A revocation request must be submitted along with the required fee and a form containing key details, including:

• The registration number and the goods/services subject to the revocation request
• The ID and contact details of the request owner and, if applicable, their trade mark agent
• The grounds for revocation, along with any supporting information or documents

Upon submission, the Office grants the requester a one-month period to remedy any deficiencies, such as missing information, failure to pay the required fee or lack of supporting documents. If these deficiencies are not rectified within the given timeframe, the Office will dismiss the revocation request.

If the request is properly filed, the Office will invite the trade mark owner to submit evidence proving genuine use of the trade mark for the registered goods and services or to provide a legitimate justification for non-use. The trade mark owner has one month to submit this evidence, with the possibility of an additional month upon request. The Office may also request further documents or explanations if deemed necessary.

Similar goods or services

A new provision has been introduced in the Regulation, stating that “a revocation decision cannot be issued for similar goods or services.”

We believe this provision aims to ensure that a trade mark is not revoked for goods or services where genuine use has been demonstrated. However, this should not be interpreted as extending protection to similar goods or services.

Next steps

With the Regulation, the procedure on the implementation of the administrative revocation of trade marks has become clear.

It is now expected that the Office will notify the owners of preliminary applications to complete missing information and documents and proceed with examination of the revocation requests.  

By Mutlu Yıldırım Köse and İrem Girenes Yücesoy of Gün+Partners in Turkey. Mutlu Yıldırım Köse is a member of the MARQUES Cyberspace Team