# What Happens If You Miss the Trademark Renewal Deadline? > A missed trademark renewal has a six-month grace period; once that passes, the right ends. Late renewal fees, the two-year opposition right and refiling options. - Canonical: https://www.webx.net.tr/en/blog/missed-trademark-renewal-deadline - Language: en - Last updated: 2026-10-23 - Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/) _Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._ --- If the renewal deadline for a trademark registered in Turkey has passed, the consequences depend on how much time has gone by. If you are still within the **six-month grace period** that runs from the date on which the term of protection expired, renewal is still possible at a higher fee and your protection continues without interruption. If the grace period has also passed, **the trademark right ends**: the only way to regain the trademark is a new registration application. Two dates decide almost everything here: six months after protection expires, and two years after the right ends. The first tells you whether the trademark can still be renewed. The second tells you whether you can still oppose applications filed in the meantime. If your deadline has not actually passed yet, start with the guide to the normal process, [Trademark Renewal in Turkey: What It Is and When to Renew](https://www.webx.net.tr/en/blog/how-to-renew-a-trademark). ## First, Clarify Your Situation: Which Stage Are You At? The first thing to do is not to panic but to establish the dates. A trademark's term of protection is 10 years from the **filing date**, not from the date on which the registration certificate was issued. Add 10 years to the filing date and compare the result with today's date: | Situation | Legal consequence | Available action | | --- | --- | --- | | The expiry date has not yet been reached | Protection continues | If you are in the final six months, renew at the normal fee | | Less than six months have passed since expiry | Protection is in suspense but can be rescued | Renewal with an additional fee (late renewal with a surcharge) | | More than six months have passed since expiry | The trademark right has ended | A new application + use of the two-year right of opposition | Example: protection for a trademark filed on 10 February 2016 expired on 10 February 2026. Late renewal with a surcharge was possible until 10 August 2026; after that date the trademark has expired. As long as the owner keeps using the trademark, they will retain the right to oppose similar applications until 10 February 2028. Rather than calculating the date yourself, it is safer to look up the register entry using the file number; the register view clearly shows the trademark's status and its protection date. ## The Grace Period: The Six Months After Protection Expires Article 23 of the Industrial Property Code (Law No. 6769) provides that the renewal request should normally be made within the six months before the term of protection expires. If this window has been missed, the same article offers a safety net: the renewal request can be made within a **six-month grace period** running from the date on which the term of protection expired, provided that an additional fee is paid. During this period the procedure is still an ordinary renewal request filed through EPATS, TÜRKPATENT's online filing system; there is no separate procedure. The only difference lies in the fee: under the 2026 fee schedule, while normal renewal costs TRY 8,730 for up to two classes, renewing a trademark whose term of protection has expired costs **TRY 15,420** for up to two classes and TRY 1,310 for each third and subsequent class. Every fee item is listed in [Trademark Renewal Fees in Turkey 2026](https://www.webx.net.tr/en/blog/trademark-renewal-fees-in-turkey-2026). Before you pay, compare the amount with the latest schedule TÜRKPATENT has published. ### Does a gap in protection arise if you renew in the grace period? No. This is also the point owners most often get wrong. Renewal takes effect from the day following the date on which the previous term of protection ended. Even if you renew on the last day of the grace period, the new 10-year term attaches retroactively to the day on which the old term ended. As far as enforceability against third parties is concerned, no unprotected interval arises. Even so, the grace period is damage control, not a plan. During these months the trademark appears in the register as "term of protection expired"; for anyone reviewing an assignment negotiation, a licence negotiation, an investment round or a loan file, that is an unnecessary question mark. On top of that, the difference in fees is the direct bill for forgetfulness. ## If the Grace Period Has Also Passed: The Trademark Right Ends If the grace period also passes without being used, the trademark right **ends** as of the date on which the term of protection expired. The trademark is removed from the register. The exclusive right goes with it: the power to rely on the registration to stop others using an identical or similar sign. After this stage no procedure that goes by the name of "renewal" can be carried out; there is no rescue route, no extraordinary application and no re-establishment of rights (restoration to the previous position). The practical consequences of expiry are the mirror image of the benefits registration provides: customs records lapse, the complaint mechanisms on e-commerce platforms that rely on a trademark registration can no longer be used, and infringement actions lose their registration-based footing. Licence and franchise relationships whose contracts refer to the trademark also lose their legal basis. ## Does an Expired Trademark Immediately Become Someone Else's? No. The law does not leave an owner who missed renewal completely defenceless for two years. Under Article 6 of the Industrial Property Code, an application for a trademark that is identical or similar to a trademark whose term of protection expired through non-renewal, and that covers identical or similar goods or services, is refused upon the opposition of the former trademark owner if it was filed **within two years** of expiry. The condition is that the former owner **has used the trademark** during that two-year period. ### What does the two-year window provide, and what does it not? - **It provides:** if you are still actually using your trademark, the ability to stop opportunistic applications by filing an opposition. That buys you time to secure your new application. - **It does not provide:** automatic protection. TÜRKPATENT does not refuse these applications ex officio on your behalf; opposition is a relative ground and must be filed **by you, within the deadline**. If you are not monitoring the Bulletin, a third party's application can proceed to registration without anyone noticing. - **It does not provide:** protection for a trademark you are not using. If, after expiry, the trademark has also been abandoned in practice, the condition for opposition is not met. This is why a business whose trademark has expired but which is still trading needs to do two things at the same time: file a new application without losing any time, and keep up [Bulletin monitoring](https://www.webx.net.tr/en/blog/trademark-watch-and-bulletin-monitoring) without interruption for two years. If the window is missed and the trademark is registered in someone else's name, you are on much harder ground: opposition, an invalidation action and proof of bad faith. How that route works is set out in [Someone Has Registered My Brand Name](https://www.webx.net.tr/en/blog/someone-registered-my-brand-name). ## How to Regain the Trademark: A New Application For an expired trademark, the only way forward is to file **a new registration application** for the same sign. You need to proceed in the knowledge that this is not a continuation of the old file: 1. **The priority date is reset.** The date of the new application is the start of the new protection; the 10 years of seniority built up under the old registration are not carried over into the register. 2. **Examination starts from scratch.** The application goes through a similarity examination against the register as it stands today, and it is published and opened to opposition. If similar trademarks have been registered over the past 10 years, a sign that was once obtained without any problem may this time [meet with refusal](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused). 3. **Intervening applications are a risk.** Third-party applications filed between your expiry date and your new application will stand in your way as obstacles if you did not use your two-year right of opposition. 4. **An up-to-date search before filing is essential.** A new application should always be preceded by a current [similarity search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search); the risks should be seen before any fees are paid. ### Does the old registration give you an advantage in a new application? The old entry in the register does not create any priority on its own; however, if you have continued to actually use the trademark, you are not entirely empty-handed. Uninterrupted use is the condition for the two-year right of opposition; in addition, a sign that is genuinely known and used in the market carries weight as evidence in later disputes, in assessments of prior use and of bad faith. All of this helps you defend a position. It guarantees nothing, and none of it replaces a renewal made on time. ## Three Example Scenarios The scenarios below are fictional; they illustrate common situations rather than real files. **Scenario 1: Noticed 2 months after expiry.** You are within the grace period: the renewal is filed through EPATS at the surcharge fee, protection attaches retroactively and the file is closed. The only lasting damage is the difference in fees. **Scenario 2: Noticed 9 months after expiry.** The trademark has expired. If the trademark is still in active use, take two actions on the same day: file a new application backed by an up-to-date search, and start Bulletin monitoring to cover the two-year opposition window. Until the application is decided, the trademark is unprotected; during this period, keeping a regular archive of evidence of use (invoices, packaging, advertising) is your insurance against possible disputes. **Scenario 3: Noticed 3 years after expiry, and the sign has been registered in someone else's name.** The two-year opposition window has closed; the matter can no longer be pursued by opposition, only through an invalidation action and proof of bad faith. That is a long, costly route with no guaranteed outcome. The assessment turns on the particular facts, so legal advice is needed file by file. ## Keeping the Next Renewal Date on the Calendar - Calculate the protection expiry date from the **filing date**; do not rely on the date on the certificate. - Tie the reminder not to a single person's phone but to a corporate calendar and to more than one person. Since 2023 TÜRKPATENT has sent an automatic email reminder one month before the renewal deadline, but the Office states expressly that this reminder does not count as official notification, so do not treat it as your only safeguard. - Keep the trade name and address in the register up to date. Outdated details are very often why notifications and procedures go wrong. - Have your portfolio tracked by a trademark attorney or a watch service; complete the procedure as soon as the renewal window opens. When you set the calendar up, the sequence in our [trademark renewal guide](https://www.webx.net.tr/en/blog/how-to-renew-a-trademark) is a sensible template; it walks through the normal process in order. ## Before and After the Sixth Month Inside the grace period there is one thing to do, and although it costs more, it repairs the damage completely: renew at the surcharge fee and protection carries on without a break. Once the sixth month has gone, you are no longer talking about renewal but about a new application and two years of Bulletin watching. In that second situation, waiting gains you nothing, because every application filed in the meantime can become another obstacle. Send your file number through our [contact page](https://www.webx.net.tr/en/iletisim) and we will tell you on the same day whether the grace period is still open and, if the trademark has expired, what risks a new application carries and where your two-year right of opposition stands. After expiry, our [trademark watch service](https://www.webx.net.tr/en/hizmetler/marka-izleme) screens every Bulletin published on your behalf for opportunistic applications. ## Sources - [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 23: term, renewal and the 6-month grace period; Art. 28: expiry of rights - [TÜRKPATENT — Trademark Fees (2026)](https://www.turkpatent.gov.tr/marka-islem-ucretleri) (turkpatent.gov.tr) — Item 02.01.23 renewal fee; 02.01.24 renewal fee after expiry (grace period) ## Frequently Asked Questions ### The trademark renewal deadline has passed — has my trademark been deleted? No, not immediately. Renewal is still possible, at a higher fee, within the six-month grace period that runs from the date on which the term of protection expired (SMK Article 23(2)). The trademark ends only if this grace period also passes unused. The first step is to add 10 years to the filing date to find the expiry date and establish how many months have passed since then. ### How much is the late trademark renewal fee? Under the 2026 fee schedule, renewing a trademark whose term of protection has expired costs TRY 15,420 for up to two classes (item 02.01.24) and TRY 1,310 for each third and subsequent class (02.01.33). The same procedure costs TRY 8,730 for up to two classes in the normal period (02.01.23), so the delay nearly doubles the fee. The schedule is updated every year; check the current amount in the TÜRKPATENT fee schedule. ### If I renew in the grace period, will my protection be interrupted? No. Renewal takes effect from the day following the date on which the previous term of protection ended (SMK Article 23(5)). Even if you renew on the last day of the grace period, the new 10-year term attaches retroactively to the end of the old one, and no unprotected period arises. During those months, however, the register shows the trademark as expired, which can raise questions in assignment or licensing talks. ### If my trademark has expired completely, can I register the same trademark again? Yes, but only through a new application. It is not a continuation of the old file: the priority date starts afresh, and the application goes through a similarity examination from scratch, is published and is open to opposition. Even a sign registered without any problem 10 years ago may be refused against today's register, which is why an up-to-date similarity search before filing is essential in practice. ### Can someone else take my expired trademark straight away? Someone else can apply, but cannot easily take it. Under SMK Article 6(8), the owner of a trademark that expired through non-renewal can oppose identical or similar applications for identical or similar goods or services filed within two years of expiry, provided they used the trademark during that period. This protection is not automatic: the former owner must watch the Bulletin and file the opposition within two months of publication (Article 18). ### Does TÜRKPATENT send a reminder about the renewal deadline? Yes, but only as a courtesy: since 2 January 2023, TÜRKPATENT has emailed applicants and their attorneys one month before trademark and design renewal deadlines. The Office states that these reminders are not official notification (tebligat), so the deadline runs even if no email arrives. The law imposes no duty to remind owners, so renewal dates should be tied to a calendar, a trademark attorney or a watch service. ### Is a different application needed for renewal in the grace period? No, it is still an ordinary renewal request filed through EPATS, TÜRKPATENT's online filing system. The difference is that you pay the fee item "renewal of a trademark whose term of protection has expired" (02.01.24), which includes the surcharge. For renewals, the Office sends no notice to make up an underpaid fee (under the Industrial Property Code), so the request and full payment must be completed before the grace period runs out. ### What can I do to avoid missing the renewal date? Calculate the protection expiry date from the filing date and set a calendar reminder, visible to more than one person, at least six months ahead. The email TÜRKPATENT has sent one month before the deadline since 2 January 2023 is not official notification and should not be your only safeguard. Keep your address and trade name up to date in the register, have the portfolio tracked by a trademark attorney or watch service, and renew as soon as the window opens; early renewal costs no rights. ## Related Resources - [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends. - [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate. - [Trademark Renewal in Turkey: What It Is and When to Renew](https://www.webx.net.tr/en/blog/how-to-renew-a-trademark): A trademark is renewed every 10 years. The renewal window, six-month grace period, 2026 fees, partial renewal and the TÜRKPATENT renewal process step by step. - [Trademark Renewal Fees in Turkey 2026: Current Schedule and Calculation](https://www.webx.net.tr/en/blog/trademark-renewal-fees-in-turkey-2026): In 2026 trademark renewal costs TRY 8,730 for up to two classes, plus TRY 750 per extra class. Late renewal, partial renewal, payment and worked examples. - [Why Is Trademark Watching (Bulletin Monitoring) Essential?](https://www.webx.net.tr/en/blog/trademark-watch-and-bulletin-monitoring): Trademark watching is essential in Turkey: TÜRKPATENT will not flag similar filings to you, and you have 2 months from publication to oppose them. - [Someone Has Registered My Brand Name — What Can I Do?](https://www.webx.net.tr/en/blog/someone-registered-my-brand-name): If someone else has registered the name you use, invalidation, revocation for non-use and earlier-use rights may be open. Which route works, and when. - [Patentability Search vs. Freedom-to-Operate Analysis: What Is the Difference?](https://www.webx.net.tr/en/blog/patentability-search-vs-freedom-to-operate): Why are an FTO analysis and a patentability search separate? Differences in question, scope, country and status, free databases and your options after FTO. - [Disclosing an Invention Before Filing a Patent: Trade Fairs, Presentations and Investors](https://www.webx.net.tr/en/blog/disclosing-an-invention-before-filing-a-patent): Disclosing an invention at a trade fair, in a paper or to investors before filing: Turkey's 12-month grace period, Europe and the US, a safe-sharing protocol.