A new avenue for attack: Procedural changes for non-use trade mark revocation actions in Turkey

In short, non-use revocation actions are generally used in Turkey to cancel a trade mark registration on the basis that, within the five-year period following the date of registration, the trade mark has not been put to genuine use and that there are no proper reasons for non-use.

Previously, non-use revocation actions in Turkey were filed as a court action before specialised intellectual property courts. However, as of the 10^th January 2024, non-use trade mark revocation actions are now capable of being filed through Turkey’s TMO.

As a result of this new administrative procedure, non-use trade mark revocation actions in Turkey are simpler and cheaper. This will likely result in such actions being used as ‘counterattacks’ in oppositions and/or as a way to try to ‘clear the register’ of problematic earlier rights. Whilst these two methods are not the only reasons why a party would file revocation actions in Turkey, it is believed that these two methods demonstrate how the total number of revocation actions filed in Turkey is likely to significantly increase.

In Turkey, a registered trade mark can be revoked if it is not used for a period of five years. With both this in mind and the increased probability of attack, trade mark proprietors should ensure that they keep records of the use they have made of their trade marks in Turkey. If you operate in Turkey or you plan to operate in Turkey and you have concerns about this change in practice, please get in touch with us to optimise your trade mark strategy in Turkey.