# Can a Registered Trademark Be Cancelled?

> Can a registered trademark be cancelled? Revocation for non-use, grounds of invalidity, the transfer of revocation powers to TÜRKPATENT in 2024, and acquiescence.

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- Last updated: 2026-08-20
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Yes — a registered trademark can be cancelled. A certificate does not secure a mark indefinitely or unconditionally; two distinct mechanisms can remove it from the register:

- **Invalidity (Article 25):** the mark should never have been registered. As a rule this has *retrospective* effect — the mark is treated as never having been registered.
- **Revocation (Article 26):** the registration was validly created but must end because of something that arose later. As a rule it takes effect *from the date of the request*.

The distinction looks technical but its practical consequences are considerable: with invalidity, relationships built on the mark in the past may also be affected, whereas with revocation the past is in principle preserved.

## Where Is the Application Made? (The 2024 Change)

This is the most significant procedural change of recent years:

| Request | Forum | Basis |
| --- | --- | --- |
| Revocation | **TÜRKPATENT** (since 10 January 2024) | Article 26 |
| Invalidity | Civil Court for Intellectual and Industrial Property Rights | Article 25 |

Before 10 January 2024 the revocation power also lay with the courts. Its transfer to the Office turned revocation into an administrative application.

## Grounds of Revocation (Article 26)

### 1. Non-use — the most common ground

Where the mark has not been put to **genuine use** in Türkiye for the goods and services registered **within five years** of registration, or where such use has been **suspended for an uninterrupted period of five years**, revocation may be requested.

"Genuine use" is different from token use: real commercial use directed at creating market share is required. Nominal sales made merely to keep the mark alive are not sufficient.

Partial revocation is possible: if the mark is used in some classes but not others, it may be revoked only for the unused items. That is the true cost of classes taken "just in case". See [The Use Requirement and the Five-Year Rule](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule).

### 2. Becoming a common name

Where, in consequence of the proprietor's acts or failure to take adequate measures, the mark has become **the common name** for the goods or services for which it is registered, it may be revoked.

This is a curious risk faced by businesses whose marks are very successful: once a mark turns into the generic name of the product, it loses its distinguishing function. Protection lies in taking an active stance against generic use of the mark — using it as an adjective in your own communications and intervening where third parties use it generically.

### 3. Becoming misleading

Where, in consequence of use by the proprietor or with their consent, the mark has become **liable to mislead the public**, in particular as to the nature, quality or geographical origin of the goods or services, it may be revoked.

### 4. Breach of regulations for collective and certification marks

Where the necessary measures are not taken to prevent use contrary to the technical regulations of a certification or collective mark, revocation arises. See [Collective and Certification Marks](https://www.webx.net.tr/en/blog/collective-and-certification-marks).

## Grounds of Invalidity (Article 25)

Invalidity arises where the mark **should never have been registered**, and rests on the same grounds that apply at the application stage:

- **Absolute grounds (Article 5):** lack of distinctiveness, descriptiveness, deceptiveness, contrariety to public order.
- **Relative grounds (Article 6):** an earlier mark, earlier rights, reputation, application by a commercial agent, bad faith.

For the full set of grounds see [Why Are Trademark Applications Refused?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused)

Invalidity may be requested by persons with an interest, by public prosecutors, or by the relevant public institutions. The Office is not a party to invalidity proceedings.

### Loss of right through acquiescence

If the earlier proprietor has remained silent for **five years** while knowing, or having reason to know, of the use of the later mark, they may no longer rely on invalidity unless the later registration was made in bad faith (Article 25/6).

The rule cuts both ways: it shows both that you should not delay in defending your mark, and that a mark you have used for a long time becomes progressively more secure.

### Defects cured after the event

In an invalidity action founded on lack of distinctiveness or descriptiveness, the mark cannot be declared invalid if it has **acquired distinctive character through use**. This is an important defence for marks long established in the market, and one more reason to preserve evidence of use.

## Protecting Your Mark Against These Risks

1. **Actually use every class you registered.** Classes you do not use are a revocation risk. Structure the scope accordingly: [How Many Classes Should a Trademark Cover?](https://www.webx.net.tr/en/blog/how-many-classes-should-a-trademark-cover)
2. **Document the use.** Dated invoices, packaging and catalogue images, advertising records, sales data. When a revocation request arrives, the burden of proof is yours.
3. **Use the mark as registered.** Use in a different form that does not alter the distinctive character also counts as use; but altering the mark beyond recognition is risky ground.
4. **Resist genericisation.** Do not stay silent when your mark is used as a product name.
5. **Do not miss the renewal calendar.** Protection runs for ten years and must be renewed: [How to Renew a Trademark](https://www.webx.net.tr/en/blog/how-to-renew-a-trademark).
6. **Watch the bulletin.** Stopping a similar application before registration is far faster and cheaper than bringing an invalidity action later: [trademark watch](https://www.webx.net.tr/en/hizmetler/marka-izleme).

## If You Want a Mark Cancelled

Where a mark is being held on the register without being used and stands in the way of your own application, a revocation request is a realistic route. Equally, if someone else has registered a name you were using, the available routes differ: [Someone Has Registered My Brand Name — What Can I Do?](https://www.webx.net.tr/en/blog/someone-registered-my-brand-name)

## Have Your Portfolio Reviewed

Does the scope of the marks in your portfolio still match what you actually do? Are there classes you no longer use? Are renewal dates approaching? Our [legal protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) team can review your portfolio against these questions.

## Frequently Asked Questions

### Can a registered trademark be cancelled?

Yes. Registration does not secure a mark indefinitely or unconditionally. It may be revoked for non-use, for becoming a common name, for misleading use, or for breach of the regulations governing collective and certification marks (Article 26). Where the conditions for registration were absent from the outset, invalidity arises (Article 25).

### What is the difference between invalidation and revocation?

Invalidity means the mark should never have been registered and, as a rule, has retrospective effect. Revocation means the registration was validly created but must end because of something that arose later, and as a rule takes effect from the date of the request.

### Where is a revocation request made?

Since 10 January 2024 revocation requests are made to TÜRKPATENT. Before that date the power lay with the courts. Invalidity actions are still heard by the Civil Court for Intellectual and Industrial Property Rights.

### How many years of non-use create a revocation risk?

Where the mark has not been put to genuine use in Türkiye for the goods and services registered within five years of registration, or where use has been suspended for an uninterrupted period of five years, revocation may be requested.

### What is acquiescence?

If the earlier proprietor has remained silent for five years while knowing, or having reason to know, of the use of the later mark, they may no longer rely on invalidity unless the later registration was made in bad faith (Article 25/6).

### How do I protect against revocation risk?

By actually using the mark in every class registered and by documenting that use. Invoices, packaging and catalogue images, advertising records and dated sales data make up the evidence file you will need if a revocation request arrives.

## Related Resources

- [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases.
- [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.
- [The Trademark Use Requirement: The Five-Year Rule and the Risk of Cancellation](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule): Cancellation for non-use: the five-year rule, what counts as genuine use, what evidence proves use, and how TÜRKPATENT's administrative cancellation process works.
- [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.
- [Why Are Trademark Applications Refused?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused): Why are trademark applications refused? Absolute grounds under Article 5 and relative grounds under Article 6, which are raised ex officio, and how to avoid refusal.
- [How to File a Trademark Lawsuit: Protecting Your Rights in Court](https://www.webx.net.tr/en/blog/how-to-file-a-trademark-lawsuit): How to file a trademark lawsuit in Turkey: types of action, the competent court (Art. 156 SMK), pre-trial evidence, injunctions, mediation and the proceedings.
- [How Should a Trademark Owner Prepare a Counterfeit Complaint on a Marketplace?](https://www.webx.net.tr/en/blog/counterfeit-complaints-on-marketplaces): Marketplace counterfeit complaints in Turkey: the 48-hour takedown under Law No. 6563 and its Regulation, the complaint file, seller objections and next steps.
- [Requesting Revocation of an Unused Trademark: The TÜRKPATENT Procedure Step by Step](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request): How to request revocation for non-use in Turkey: the five-year count, the request form, 2026 fee and deposit, the owner's reply period, decision and appeal.