Türkiye’s new administrative trade mark revocation for non-use: EU alignment and procedural divergence

Türkiye’s new administrative trade mark revocation for non-use: EU alignment and procedural divergence

Journal article

1 online resource (pages 3–13)

In 2024, Article 26 of Türkiye’s Industrial Property Code No. 6769 transferred the authority to revoke trade marks from the courts to the Turkish Patent and Trademark Office, with non-use cases expected to predominate. The reform aims to replicate the procedural efficiency of the EU model while preserving Türkiye’s distinct legal features. This article sets out the legal background and emerging administrative practice based on early practice and comparative insights. It highlights procedure, not substance, as central to effectiveness, affecting speed, accuracy, and rights protection. Our analysis focuses on (i) the potential suspensive effect of judicial review, (ii) the admissibility of new evidence not included in the administrative record and (iii) the continued availability of non-use counterclaims in infringement proceedings. Comparative insights from EUIPO and EU Member States reveal partial convergence alongside persistent procedural divergence. These procedural developments are already reshaping litigation and advisory practice. Trade mark owners must now front-load complete evidence at the administrative stage, while applicants and defendants must carefully navigate issues of timing, forum and the possibility of stays. To promote greater alignment with EU practice, we suggest introducing a limited suspensive effect, cautiously admitting late evidence and preserving the role of non-use counterclaims in infringement proceedings.

Intellectual Property Law & Practice, 21, 1, 2026

Oxford, UK : Oxford University Press, 2026.

English

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