Two New Implementations of the Turkish Patent and Trademark Office Unveiled

On April 24, 2024, the Official Gazette published a communiqué outlining significant changes to service fees of the Turkish Patent and Trademark Office (‘TURKPATENT’). In addition to the fee increases, the communiqué also included the fee for a new application titled "Accelerated Search Report Request" by the Office, as well as the application fee for the administrative revocation process.

Requesting for Accelerated Search Report Is Available Now For National Patents
In response to the growing demand for expedited services, TURKPATENT has recently published The Procedures and Principles of the “Accelerated Search Report Request”. This service enables applicants to obtain search reports in a shorter timeframe – as in 6 months.

The request for an accelerated search report may be submitted together with the request for a novelty search within 12 months from the date of filing or can be done after requesting the same.



2. Administrative Revocation of Trademarks Entered into Force

As of January 10, 2024, Article 26 of the Intellectual Property Law No. 6769 has come into force. Now, it’s time for TURKPATENT to examine and decide on administrative revocation requests.

Interested persons may request the Office to revoke a trademark under Article 26/2 and the decision for revocation of a trademark can be taken in light of the following conditions:

- Failure to put the trademark into genuine use in Türkiye without a justified reason as of 5 years from the date of its registration or suspension of its use for an uninterrupted period of 5 years.

- The trademark has become a generic name for the goods and/or services for which it is registered.

- The public is misled as a result of the use of the trademark, particularly concerning the nature, quality, or geographical origin of the goods or services for which it is registered.

- Use of the guarantee trademark or collective trademark in a manner that is contrary to their technical specifications.

The most common ground for revocation requests is the claim that the registered trademark is not in use.

As administrative revocation of a trademark is now more advantageous for claimants than court proceedings, it is anticipated that there will be an increase in requests for revocation of a registered trademark. In this case, registered trademark holders should be more prepared. The fact that a registered trademark is renewed every 10 years will not be sufficient in countering a request for revocation because it has not been used; it is essential to have evidence ready to prove the uninterrupted and serious use of the trademark subject to the request from the date of registration to the date of the request for revocation.

These updates reflect the TURKPATENT’s ongoing efforts to adapt to evolving industry needs and streamline administrative procedures. As always, our team is dedicated to providing comprehensive support and guidance to clients navigating the intricacies of intellectual property law in Turkey.

Should you have any questions or require further clarification regarding these changes, please do not hesitate to contact us.