Administrative cancellation and grounds for cancellation in Turkish law in light of European Union trademark directive 2015/2436/EU

According to Turkish law, the trademark rights acquired through registration can, under certain circumstances, be lost. One of the grounds for the loss of trademark rights is the cancellation of the trademark. For the loss of trademark rights due to cancellation, it is necessary for certain conditions stipulated in the law to be fulfilled, alongside a request for cancellation based on the fulfillment of the cancellation conditions. Initially, trademark cancellation was conducted through judicial means; however, it has recently been established that this process must now be carried out through an administrative procedure. As of January 10, 2024, requests for the cancellation of trademarks in our country will begin to be evaluated within the framework of this administrative procedure. Given that the trademark cancellation practice is entering a new phase in our country, it is essential to examine the circumstances that lead to trademark cancellation and the workings of the administrative cancellation procedure.