Trademark registration is a critical legal process that allows businesses and individuals to protect their brands. However, in certain situations, a registered trademark may be subject to cancellation. Especially unused, misleading, or genericized trademarks can be challenged and potentially cancelled.

In this article, we’ll explain when a registered trademark can be cancelled and what happens if the cancellation occurs.

When Can a Registered Trademark Be Cancelled?

Trademarks Not Used for Five Years (SMK Article 9)

If a registered trademark is not used commercially within five years, or if its use is interrupted for five consecutive years, it may be cancelled by the Turkish Patent and Trademark Office (TÜRKPATENT).

Article 9 of the Industrial Property Law No. 6769 (SMK) states:
“If a registered trademark has not been genuinely used in Türkiye by the trademark owner for the goods or services it was registered for, without justified reason, within five years from the registration date, or if its use has been continuously interrupted for five years, the cancellation of the trademark shall be decided.”

This article is one of the most common legal grounds for trademark cancellation.

Genericization of a Trademark (SMK Article 26/1-b)

If a trademark becomes widely used by the public and turns generic, it no longer represents a specific product or service. For example, if a brand name becomes the general term for a product in everyday language, this may be sufficient grounds for cancellation.

Misleading Trademarks (SMK Article 26/1-c)

A trademark can be cancelled if it misleads consumers, particularly regarding the nature, quality, or geographic origin of the product or service.

For instance, a trademark registered as “Antep Pistachio Chocolate” may be cancelled if it contains no Antep pistachios.

Non-Compliance of Warranty or Collective Marks (SMK Article 26/1-ç)

Warranty or collective marks are created to ensure certain quality standards. If the trademark owner fails to comply with these standards, the trademark may be subject to cancellation.

What Happens if a Registered Trademark Is Cancelled?

If a trademark is cancelled by TÜRKPATENT, the following consequences apply:

• The Trademark Owner Loses Rights: The registered trademark is nullified, and the owner loses all legal rights associated with it.
• The Trademark Becomes Available: A cancelled trademark can be re-registered by other individuals or businesses.
• Potential Commercial and Legal Losses: Cancellation can lead to significant financial losses and legal challenges for businesses.

Updates in the Trademark Cancellation Process

Previously, trademark cancellation cases were handled through Intellectual and Industrial Rights Courts. However, as of January 10, 2024, the process has been transferred to the Turkish Patent and Trademark Office (TÜRKPATENT).

This change, under Article 26 of Law No. 6769, allows the cancellation process to be completed faster and more cost-effectively. Entrepreneurs can now submit a “Pre-Application for Trademark Cancellation Request” directly through TÜRKPATENT’s electronic system (EPATS), avoiding lengthy court procedures. This system simplifies the process for both entrepreneurs and trademark owners, speeding up cancellations.

For detailed guidance on this and other critical processes, you can easily reach us via our WhatsApp communication line.

Trademark registration is crucial for businesses, but in certain situations, trademark cancellation is inevitable. With the updated system as of January 10, 2024, TÜRKPATENT now accepts cancellation requests directly, preventing trademarks from remaining unused and opening opportunities for new entrepreneurs.

If you believe your trademark may be at risk of cancellation, obtaining support from professional trademark registration and consultancy services like TRademarkTR by Prestij IP is highly recommended to navigate both registration and cancellation processes effectively.