# What Happens If a Trademark Is Not Used? 4 Consequences of Non-Use > Unused trademarks are not deleted automatically, but after 5 years they are open to revocation and your oppositions and lawsuits weaken. 4 fronts and ways out. - Canonical: https://www.webx.net.tr/en/blog/what-happens-if-a-trademark-is-not-used - 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._ --- An unused trademark is **not deleted automatically**; it remains in the register. But if it is not put to genuine use for **five years** from the registration date, the trademark is left defenceless on four fronts: any interested party can request its **revocation** from TÜRKPATENT, Turkey's trademark office; your **oppositions** against similar applications hit the wall of **proof of use**; in an **infringement action** against an imitator you face the **non-use defence**; and your trademark ceases to serve as **a basis in invalidation actions**. None of these fronts opens by itself; the consequence arises only when someone takes action. Once five years have passed, though, that can happen at any moment, and since 2024 revocation has been requested directly before TÜRKPATENT rather than in court, which shortens the road for competitors. The rule itself (when the period starts, the criteria for "genuine use", the means of proof, proper reasons) is the subject of [Trademark Use Requirement: The Five-Year Rule](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule). ## Two Different Deaths: Do Not Confuse Non-Renewal With Non-Use The two risks that trademark proprietors most often confuse work in completely different ways: | Issue | Non-renewal | Non-use | | --- | --- | --- | | When does the risk arise? | Once every 10 years, in the renewal window | 5 years after registration, if non-use continues | | How does the consequence arise? | Automatically — the right lapses when the period expires | On request — an interested party must seek revocation | | Is partial loss possible? | Yes (deliberately, through partial renewal) | Yes (involuntarily, through partial revocation) | | Prevention | A calendar and [timely renewal](https://www.webx.net.tr/en/blog/how-to-renew-a-trademark) | Genuine use + an evidence archive | The table also corrects a misconception: renewing a trademark regularly **does not eliminate** the risk of non-use. A trademark on which fees have been paid for ten years but which has never been used is a renewed but revocable trademark. It is also the most expensive scenario. ## The Four Fronts That Open Once Five Years Have Passed ### 1. A Revocation Request: The Risk of Being Removed From the Register Any interested party (typically a competitor who wants the same sign) can request the Office to revoke the trademark. The burden of proof is on you: if you cannot document use, the trademark is revoked in respect of the unused goods and services. As a rule, a revocation decision takes effect from the date of the request; where the conditions are met, it can start from an earlier date. Partial revocation is the insidious side of this front: not the whole trademark but its unused classes fall away. A broadly drafted registration quietly shrinks over the years. ### 2. Your Oppositions Lose Their Teeth When you oppose a similar application, the applicant can ask you for **proof of use** (if your trademark is more than five years old). If you cannot prove it, your opposition is rejected, however similar the trademarks may be. The outcome is painful: your trademark stays in the register, but similar marks are registered one after another and your distinctiveness in the market erodes. ### 3. Your Case Against Imitators Weakens In an infringement action you bring against someone using your trademark without permission, the other side can resort to the non-use defence. Trying to stop an imitator with a trademark that has not been used for five years is like reaching for a sword in an empty scabbard: your action and claims for damages weaken in the face of this defence. The general path in infringement scenarios is set out in [Someone Is Using My Trademark](https://www.webx.net.tr/en/blog/someone-is-using-my-trademark). Every tool along that path runs on evidence of use. ### 4. It Cannot Serve as a Basis in an Invalidation Action When you want to have a similar trademark registered later invalidated, you face the same threshold: the defendant can ask you to prove use of the trademark you are relying on. An unused trademark cannot clear its neighbours out of the register. We covered the difference between revocation and invalidation in [a separate article](https://www.webx.net.tr/en/blog/trademark-invalidation-and-revocation). ## The Economic Consequence: A Silent Loss of Value The legal fronts open with a request or a lawsuit; the economic loss, however, works silently. In an assignment negotiation, the buyer's attorney examines the usage history along with the register record: a five-year gap earns a "file at risk of revocation" label and is a direct reason for cutting the price. In a licence negotiation, the same gap brings the licensee's question to the table: "What happens to my investment if I lose this trademark tomorrow?" If the trademark is carried on the balance sheet as an asset, the revocation risk hangs over that line item too. ## When Are You Safe? The use requirement does not demand that you use the trademark personally and in every class. The situations in which you are safe: - **Use with consent:** Use by a licensee, a franchisee or a contract manufacturer is, by law, deemed to be your use, as long as it can be documented. A map of the ways to let others use your trademark is in [a separate article](https://www.webx.net.tr/en/blog/can-you-let-others-use-your-registered-trademark). - **Flexibility of form:** Using the trademark with different elements that do not alter its distinctive character also counts as use; the limits are set out in the [five-year rule](https://www.webx.net.tr/en/blog/trademark-use-requirement-and-the-five-year-rule) article. - **Proper reasons:** Exceptional cases where non-use is due to serious obstacles beyond the proprietor's control. These are interpreted narrowly and assessed on the facts of the case. ## If You Start Using It Again, Are You Saved? As a rule, yes, as long as you get the timing right. If genuine use is resumed after the five-year period has expired but **before the revocation request**, the revocation request will, as a rule, be rejected. The law also closes an escape hatch: use of a preparatory nature made within the **three months** before the request, solely in anticipation that a request would be filed, is disregarded. In other words, hearing about your competitor's move and making a few sales at the last minute does not save the trademark; what saves it is use that genuinely began before the request and is ongoing. ## Three Example Scenarios The scenarios below are fictional; they illustrate common situations rather than real files. **Scenario 1: The silent shrinking of a broad registration.** A company registers its trademark in eight classes but actually trades in two. Years later, when it opposes a similar application, the applicant asks for proof of use; proof can be provided in only two classes, and the opposition is rejected in respect of the remaining classes. Emboldened, the competitor goes a step further and requests partial revocation: six classes fall away. The "broad protection" in the register turned out to be only as broad as the use that could be proven. **Scenario 2: Last-minute sales.** The proprietor of a trademark whose production has been halted for more than five years hears that a competitor is preparing a revocation request and issues a few invoices within two months. When the request arrives, this use falls within the exception for preparatory use in the three months before the request and is disregarded; the trademark is revoked. What saves a trademark is not a sales receipt but commercial activity that genuinely began before the request and is ongoing. **Scenario 3: The proprietor who does not use but lets others use.** The proprietor of a trademark that has been withdrawn from production has licensed it to two contract manufacturers. When a revocation request arrives, the licensees' invoices, packaging visuals and the licence agreement recorded in the register go into the file; because use with consent counts as use by the proprietor, the request is rejected. Had the same proprietor not had an evidence delivery obligation written into the agreement, it would have had the right but not the proof. ## If You Are Not Going to Use It: Four Deliberate Options 1. **Sell it.** A trademark that is dormant for you is valuable to someone wanting to enter that market; [assigning it](https://www.webx.net.tr/en/blog/how-to-assign-a-trademark-in-turkey) before it is revoked is better than losing it with zero return. 2. **License it.** A licence both generates income and keeps the trademark standing against the use requirement. For how to structure one, see [the licensor's checklist](https://www.webx.net.tr/en/blog/trademark-licensing-checklist-for-licensors). 3. **Narrow it.** When the renewal period comes, deliberately dropping the classes you do not use (partial renewal) is both cheaper and more controlled than losing them involuntarily through partial revocation. 4. **Let it go deliberately.** If the trademark is not strategic, not renewing it is also a legitimate decision, as long as it is a decision and not forgetfulness. ## Find Out Where You Stand Before Your Competitor Does On the surface, nothing happens: the register does not warn you, the Office does not remind you, the trademark stays put. In reality, on the day five years have passed, your trademark turns into a file that is open to a revocation request, crippled by the burden of proof in oppositions and lawsuits, and devalued in negotiations. The worst thing you can do with a dormant trademark is nothing. Use it, license it, sell it or let it go deliberately. Working out the age of your registration, how much of its scope is actually in use and your revocation risk starts with the trademark number, which you can send via our [contact page](https://www.webx.net.tr/en/iletisim). If necessary, we will start building your evidence file today. Our [trademark watch service](https://www.webx.net.tr/en/hizmetler/marka-izleme), meanwhile, brings similar applications and requests targeting your trademark to your attention without delay. ## Frequently Asked Questions ### Is an unused trademark deleted from the register? No, an unused trademark is not deleted automatically. Non-use has consequences only when an interested party requests revocation from TÜRKPATENT under the Industrial Property Code (SMK); if nobody does, the trademark stays in the register for as long as it is renewed. Remaining in the register does not mean it is safe, however: once five years from registration have passed, it is open to a revocation request at any time unless genuine use has resumed. ### After how many years of non-use can a trademark be revoked? Five years: under Article 9(1) of the Industrial Property Code (SMK), a trademark not put to genuine use in Turkey within five years from the registration date without a justified reason, or whose use has been suspended for an uninterrupted five years, can be revoked on request. Use in a form whose differing elements do not alter its distinctive character, and use solely for export, also count as use (Art. 9(2)). Since 10 January 2024, revocation requests have been decided by TÜRKPATENT. ### Who can request revocation of my trademark? Under the Industrial Property Code (SMK), interested parties may request it, typically competitors who want to use or register the same or a similar sign. Since 10 January 2024, the request has been filed directly with TÜRKPATENT rather than with the courts. Under the 2026 fee schedule, a revocation fee of TRY 35,320 (item 02.01.30) and a deposit of the same amount (02.01.31) are payable; the schedule is updated every year. The proprietor has one month to respond, and the Office decides on the file. ### Is the whole trademark revoked, or only the unused part? Only the goods and services for which use cannot be proven are revoked; this is called partial revocation under the Industrial Property Code (SMK). For example, a trademark registered in five classes but used in only one may lose the remaining four. Use proven for similar goods does not prove use of the registered goods. That is why broad registrations carry a constant risk with regard to their unused classes. ### Does making the occasional sale save the trademark? As a rule, no. What is required is "genuine use": use consistent with the trademark's function, aimed at creating a real share of the market and sustained over time. The law does not define genuine use and there is no fixed sales threshold; token sales made solely to keep the registration alive do not count. Moreover, use within the three months before a revocation request, made in anticipation of that request, is disregarded under the Industrial Property Code (SMK). ### Does a revocation decision have retrospective effect? As a rule, no: under Article 27(2) of the Industrial Property Code (SMK), revocation takes effect from the date on which the request was submitted to the Office. On request, however, it may be decided that it takes effect from an earlier date on which the ground for revocation arose; part of the protection the trademark provided "until it was revoked" may then be called into question. Final, enforced infringement judgments and performed contracts are, as a rule, not affected by that retrospective effect (Art. 27(3)). ### After my trademark has been revoked, can I apply for the same trademark again? Yes, you can apply again; however, the application is examined from scratch against the register as it stands today, and the competitor that requested revocation may have got in ahead of you this time. The two-year opposition protection for non-renewed trademarks (Article 6(8) of the Industrial Property Code (SMK)) does not apply to a revoked trademark. Instead of holding on to an unused trademark until it is revoked, selling it, licensing it or deliberately narrowing it through partial renewal usually produces a better result. ### I do not use the trademark myself but I have licensed it; is that enough? Yes, it can be enough: under Article 9(3) of the Industrial Property Code (SMK), use of the trademark with the proprietor's consent, whether by a licensee, a franchisee or a contract manufacturer, is deemed to be use by the proprietor. The condition is that this use is genuine and can be documented; in a revocation request it is for the proprietor to prove use. That is why it is important to have the licensee's obligation to deliver evidence regularly written into the licence agreement. ### In revocation for non-use, is there a two-year opposition protection like the one for a trademark that was not renewed? No. The two-year opposition protection in Article 6(8) of the Industrial Property Code (SMK) is provided only for the former proprietor of a trademark whose protection expired through non-renewal, and it depends on the trademark having been used during those two years. No such window is given to the proprietor of a trademark revoked for non-use; with revocation, the sign becomes open to competitors' applications without leaving the former proprietor any special opposition ground. ### Do defensive registrations also carry a risk of revocation? Yes. Under the Industrial Property Code (SMK), variations and neighbouring-class registrations obtained to protect the trademark's perimeter but not actually used are also open to a revocation request once five years from registration have passed. A defensive registration for which proof of use cannot be provided falls away exactly when it is expected to work, when proof of use is demanded in an opposition or a lawsuit. A defensive strategy should rest on monitoring and actual use, not on the number of registrations. ### Are the registration and renewal fees of a revoked trademark refunded? No. Under the Industrial Property Code (SMK), fees paid to TÜRKPATENT are not refunded unless otherwise provided; registration and renewal fees are consideration for the period during which the trademark remained in the register and cannot be recovered on revocation. Renewing a trademark regularly does not remove the non-use risk either. That is why renewing an unused trademark for years only to lose it to revocation in the end is the most expensive scenario. ## 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): How trademark cancellation for non-use works in Turkey: the clock runs from registration, genuine use is required and TÜRKPATENT decides. Articles 9 and 26 SMK. - [Can a Registered Trademark Be Cancelled?](https://www.webx.net.tr/en/blog/trademark-invalidation-and-revocation): Can a registered trademark be cancelled? Revocation for non-use, grounds of invalidity, the transfer of revocation powers to TÜRKPATENT in 2024, and acquiescence. - [Can You Let Someone Else Use Your Registered Trademark?](https://www.webx.net.tr/en/blog/can-you-let-others-use-your-registered-trademark): Yes: a registered trademark can be used by others via a licence, franchise, contract manufacturing or intra-group consent. Routes, shared rules and pitfalls. - [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. - [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. - [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.