Trademark Renewal and Cancellation for Non-Use: A Guide

What is trademark renewal?

A registered trademark is protected for 10 years from the filing date. At the end of this period, protection does not continue automatically; the trademark owner can extend it for another 10 years by filing a renewal application. Renewal can be repeated an unlimited number of times, so your trademark can be protected indefinitely as long as the necessary conditions are met.

Renewal is not merely about "keeping the trademark going"; it is about preserving the right recorded in the register. Missing a renewal can cause the trademark to lose its protection and give someone else the chance to apply for the same or a similar trademark.

When and how is a trademark renewed?

The renewal application is filed before the protection period expires, within the window set out in the legislation. A grace period and an associated surcharge may be available after the deadline has passed, but instead of relying on that option it is safer to mark the renewal date in your calendar in advance. Current deadlines and fees should be confirmed with the Turkish Patent and Trademark Office (TÜRKPATENT).

1. Deadline tracking: The end date of the 10th year from the filing date is determined and a reminder is set.
2. Scope check: The goods and services covered by the trademark are reviewed. If there are items that are not in use, removing (narrowing) them at renewal may be considered.
3. Up-to-date information: The applicant's name, address, and any assignment or license records must match the register.
4. Application and fee: The renewal request is submitted within the deadline together with the required fee.
5. Approval and recording: The Office records the renewal in the register and a new protection period begins.

What happens if a trademark is not renewed?

If no renewal is filed, the trademark's register entry expires at the end of the protection period and the exclusive right in the trademark ceases. In that case, someone else can apply for and register the same trademark. Even if you keep using the trademark, you may find yourself in a difficult position against the new registrant. For this reason, renewal is one of the most frequently forgotten yet most critical steps after registration.

What is cancellation for non-use?

A trademark right is granted for commercial use. If a registered trademark is not genuinely used in Türkiye for the goods or services covered by the registration for 5 years from the registration date, or if use is interrupted for 5 years, third parties may request cancellation unless there is a legitimate reason. The aim is to prevent the register from filling up with "unused trademarks" and to make room for trademarks that are actually in use.

A cancellation request may cover the entire trademark or only the goods and services that are not in use. Therefore, in a broadly drafted list, unused items become a weak point.

What does "genuine use" mean?

Use that is merely symbolic or made only to preserve the right may not be considered sufficient. In general, the following are required for genuine use:

• The trademark must be used in its registered form or with minor variations that do not alter its distinctive character.
• The use must be for the goods or services covered by the registration.
• The use must aim at commercial activity and at gaining a real place in the market; internal correspondence or token use alone may not be sufficient.
• The use must be made by the trademark owner or with their consent (for example, by a licensee).

The standard for genuine use may vary depending on the sector and the product. The assessment is made according to the specific circumstances of the case.

What documents prove use?

A claim of use is proven with dated, concrete documents. The main types of evidence you should keep are as follows:

• Sales invoices, delivery notes, and contracts (those showing the trademark or the product),
• Product labels, packaging, catalogs, and price lists,
• Advertising, promotional, and trade fair participation documents,
• Dated screenshots and records of websites and online sales pages,
• Documents showing marketing expenditures.

It is important that documents show the date, trademark, and goods/services together. Keeping an organized archive of use is the most effective safeguard against a possible cancellation request.

Does it make sense to narrow the scope at renewal?

You are not obliged to carry over all goods and services unchanged at renewal. Removing items that you do not actually use or do not plan to use has some advantages: you are left with a more robust list against a cancellation request, the renewal cost may decrease if it depends on the number of classes, and the trademark's real field of activity becomes clearer. On the other hand, if you remove a field you may want to enter in the future, you may need to establish protection in that field again with a new application. When deciding, base your choice on your near-term business plan.

Does a trademark assignment or license affect renewal?

Assigning or licensing a trademark does not change the protection period; however, the person making the renewal must be the current right holder in the register. If an assignment has not been recorded in the register, an inconsistency may arise in the renewal application. If you have granted a license, use by the licensee may count as use of the trademark within the scope of the agreement and consent; it is useful to document this. For assignment and license transactions, you can look at our trademark assignment and licensing service.

How does renewal work for international trademarks?

For trademarks protected through the Madrid system, the international registration is renewed in 10-year periods and renewal is managed through the international register. Even so, the use requirements and the risk of non-use in each country are assessed under that country's legislation. Therefore, if you have an international trademark, you need to monitor both the renewal date and the status of use in each target country separately.

What can be accepted as a legitimate reason?

Circumstances that arise independently of the trademark owner's will and actually prevent use may be considered a legitimate reason. For example, external obstacles such as a public decision banning the sale of the product or an import restriction can be taken into account. However, mere commercial preference, a lack of budget, or the postponement of a marketing plan is generally not accepted as a legitimate reason. It is also up to the trademark owner to prove the legitimate reason.

The relationship between renewal and use

Having renewed your trademark does not show that it is being used. A renewed trademark that is not in use can still be open to a cancellation request. The two issues need to be managed together.

Practical tips to reduce risk

• Mark the renewal date and the 5-year use threshold in your corporate calendar.
• After registration, start genuinely using the trademark for the main products and services it covers.
• Archive evidence of use regularly every year.
• Consider removing items that are not in use and are not planned to be used from the list, where appropriate.
• If you have granted a trademark license, make the licensee's use documentable.
• Monitor applications and uses similar to your trademark.

Note: Deadlines and fee conditions may change under the legislation, and missed deadlines can lead to consequences that are difficult to reverse. Confirm current conditions from official sources or an expert before filing.

Conclusion

Trademark ownership does not end with registration; it continues through renewal and disciplined use. Not missing the end of the 10-year term and genuinely using the trademark within 5 years after registration are the two basic conditions for protecting your right. For the beginning of the trademark process, you can read the trademark registration process step by step; to leave renewal and deadline tracking to us, you can review our trademark renewal and monitoring service. For support in a cancellation-for-non-use process, our trademark opposition and cancellation service is available, and for a free preliminary assessment, the quote form is ready.