Kodiak Law & IP
Mar 15, 2025
The amendments regarding trademark cancellation applications in the Regulation on the Implementation of the Industrial Property Code (“Regulation”) have entered into force.
The amendments regarding trademark cancellation applications in the Regulation on the Implementation of the Industrial Property Code (“Regulation”) have finally entered into force. As is known, as of January 10, 2024, the Office had begun accepting cancellation applications. However, although more than a year had passed, since the necessary amendments to the Regulation had not been made, the cancellation applications filed during this period were not examined. This situation caused many trademark registrations that could have been subject to cancellation to remain in force, and as a result, other files dependent on these registrations also could not proceed.
Finally, the amendment to the Regulation was published in the Official Gazette dated March 15, 2025, No. 32842, and entered into force, https://www.resmigazete.gov.tr/eskiler/2025/03/20250315-20.htm. When reviewing these changes, it is observed that most provisions are consistent with the Industrial Property Code, but certain new concepts have been introduced, and unclear provisions of the IP Code have been clarified, as summarized below:
The cancellation fee will be calculated under two headings: the Office fee and the fee to be held in a trust account, and both will be collected in a single transaction. However, the fee to be held in the trust account will only apply to applications filed after the Regulation enters into force. If the cancellation request is entirely rejected, the amount held in the trust account will be paid, upon request, to the trademark owner recorded in the register; if the cancellation request is entirely accepted, it will be paid, upon request, to the cancellation applicant. In cases where the cancellation request is partially accepted, no payment will be made to either party; instead, the amount held in the trust account will be recorded as income of the Office. A final decision from the Office is required in order to make such requests.
It is understood from the Regulation that the initial examination will be carried out by the Trademarks Department, and appeals against the decision rendered there can be filed before the Re-examination and Evaluation Board.
Cancellation applications may be withdrawn. If the cancellation application is to be withdrawn by a trademark attorney, as in opposition to publication and withdrawal of trademark applications, a power of attorney explicitly granting this authority must be submitted.