Esin Intellectual Property Newsletter

01 Making Administrative Cancellation Requests a Preliminary Issue: Evaluation of a New Decision of the TPTO Board¹

1. The Procedure for Administrative Cancellation of Trademarks and Ongoing Uncertainty

Industrial Property Law No. 6769 ("IPL") entered into force after it was published in the Turkish Official Gazette No. 29944 dated 10 January 2017. The IPL introduced the procedure for "administrative cancellation of trademarks"² , and Article 26 of the IPL regulates that the Turkish Patent and Trademark Office ("TPTO") will decide on the cancellation of a trademark upon request, under the conditions specified in Article 26 of the IPL. In addition, Article 192/1 of the IPL sets forth that Article 26 of the IPL will enter into force seven years later (i.e., 10 January 2024), and provisional Article 4 of the IPL regulates that the courts will exercise the cancellation authority until the effective date.