Renewal deadlines, genuine use, administrative cancellation and management of a textile trademark portfolio in Türkiye.
Registration is not a right that can safely be filed away and forgotten. Renewal, genuine use and accurate ownership records all matter.
This part covers ten-year protection, the five-year non-use rules and administrative cancellation before TÜRKPATENT, whose statutory cancellation authority took effect on 10 January 2024.
1. Protection period and renewal
Under Article 23 of Industrial Property Code No. 6769, protection lasts ten years from the application date and can be renewed for further ten-year periods.
Renewal calendar
Request renewal and meet the fee requirements during the six months before protection expires. If this window is missed, renewal remains possible during the six months after expiry with an additional fee. Check the current procedure and tariff.
Do not rely on a single reminder or person. Record each mark’s expiry, goods/services and responsible person. Failure to renew within the applicable periods results in expiry without the need for a separate non-use cancellation proceeding.
2. The obligation of genuine use
Article 9 concerns a registered mark that, without a proper reason, has not been genuinely used in Türkiye for its registered goods/services within five years from registration, or whose use has been suspended for an uninterrupted five years. The starting point for this rule is registration, rather than the application date used to calculate the protection term.
Use shortly before a cancellation request
Genuine use between the end of the five-year period and the cancellation request can affect the result. The three-month rule is not a blanket exclusion of every recent use: use during the three months before the request is disregarded where it was undertaken in anticipation of that request. Token activity does not become genuine use merely because invoices exist.
3. Administrative cancellation and proof of use
Non-use cancellation is requested before TÜRKPATENT under Article 26. The owner must respond with relevant evidence and any proper reasons, within the notified deadlines. The statutory response period is one month from notification; an extension of up to one month may be granted on request under the applicable conditions.
A mark may be cancelled wholly or for only some registered goods/services. Evidence for one product does not necessarily preserve every item in a broad list.
Cancellation generally takes effect from the date the request was submitted. On request, the effect may be moved to an earlier date when the cancellation grounds had already arisen. This differs from treating every cancellation as retroactive to filing.
Office decisions are subject to the applicable administrative review and judicial routes. Follow the notice rather than assuming a cancellation decision has no remedy.
Proof of use can also arise in publication oppositions, invalidity proceedings and infringement actions, but the requirements and relevant five-year reference dates differ. A demand is not available indiscriminately against every newly registered mark.
In textiles, dormant sub-brands, seasonal collection names and reserve marks registered for possible future use deserve particular review. Non-use risk depends on dates, genuine use and proper reasons; cancellation is not automatic on the fifth anniversary.
4. Assignment, licensing and contract manufacturing
Article 148 regulates legal transactions involving industrial property rights. Transactions covered by its written-form requirement should be documented appropriately. The validity of an assignment contract requires the statutory notarised form. A simple unsigned arrangement or invoice is not a substitute.
Record relevant transactions in the register where appropriate to protect the parties against third parties, taking account of the specific legal rules. Registration in the register and contractual validity are distinct issues.
Define the products, territory, duration and whether a licence is exclusive.
Set quality control, label and packaging requirements and responsibility for approvals.
Limit a contract manufacturer to authorised order quantities. Address surplus goods, defective stock, labels and packaging, and their lawful return or destruction.
Keep evidence that third-party use was authorised and actually occurred. Clarify the end of use after termination.
5. Managing the trademark portfolio
Maintain a register of application and registration dates, expiry, goods/services, ownership, use status and responsible staff.
Archive dated invoices, labels, catalogues, advertising, shop photographs and online sales records by year. Evidence should show the mark, goods/services, place, period and extent of use.
Review unused registrations deliberately. Genuine planned use and the commercial value of renewal should be assessed rather than automatically renewing everything.
Update names, addresses and ownership changes at TÜRKPATENT.
Monitor the Bulletin for conflicting applications and maintain opposition deadlines.
Sources and related reading
Industrial Property Code No. 6769, Articles 9, 23, 26, 27 and 148; TÜRKPATENT trademark information and proof-of-use guidance.
Previous part: Choosing a mark and refusal grounds.
Originally published: 4 October 2026. References checked: 30 October 2026. General information on Turkish law; specific deadlines, contracts and disputes require an individual assessment.