On March 15, 2025, the long-awaited regulation regarding Trademark Non-Use Cancellation Requests was published in the Official Gazette. The new procedures introduced by this regulation are outlined below:
- According to the new regulation, the Trademark Cancellation Official Fee will now be charged as two separate fees:
- Official Fee of Turkpatent
- Fee to be held in the Turkpatent’s escrow account
- If the cancellation request is completely rejected, the amount held in the escrow account will be refunded to the registered trademark owner upon request.
- If the cancellation request is fully accepted, the amount in the escrow account will be refunded to the applicant upon request.
- If the cancellation request is partially accepted, no refund will be issued to either party, and the amount held in the escrow account will be recorded as revenue by TÜRKPATENT.
(The escrow account requirement will not apply to cancellation requests filed before March 15, 2025.)
The introduction of an escrow account system, which has not been a part of the Turkpatent’s practice until now, appears to be aimed at regulating the number of cancellation requests and ensuring that only parties with a genuine need for cancellation initiate these proceedings.
Following this regulation, it is anticipated that Trademark Cancellation Requests will begin to be processed more rapidly.
Additional Fee Regulation for Class 35 Services and Trademark Renewal
In addition, on the same day, an additional fee was introduced for each classes (1-34) selected under Class 35, specifically for the service description:
“Bringing together goods for customers to conveniently view and purchase them (these services may be provided through retail, wholesale stores, electronic platforms, catalogs, and similar methods).”
Under this new regulation, an extra fee will be applied for each class beyond the third class in the Trademark applications in Class 35.
Same extra fee will also be valid for the trademark Renewals after 3rd class.
This measure appears to be aimed at discouraging unnecessary class registrations and preventing the excessive retention of unused trademark classes through renewal.
