{"id":8392,"date":"2026-04-28T13:54:15","date_gmt":"2026-04-28T10:54:15","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=8392"},"modified":"2026-05-15T12:34:41","modified_gmt":"2026-05-15T09:34:41","slug":"markanin-kullanilmama-sebebi-ile-iptali","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/markanin-kullanilmama-sebebi-ile-iptali\/","title":{"rendered":"Cancellation due to non-use of the brand."},"content":{"rendered":"
\"Markan\u0131n<\/figure>\n\n\n\n

Trademark Cancellation Due to Non-Use \u2013 Lawyer in Izmir<\/strong><\/p>\n\n\n\n

To ensure the continuity of commercial activity, the cancellation of unused trademarks is explicitly regulated in Article 9 of the Industrial Property Law. Thus, the legislator aimed to prevent the accumulation of backup trademarks registered with the understanding that "they might be needed later.".<\/p>\n\n\n\n

Law No. 6769 Industrial Property Law<\/a><\/strong>
Article 9- <\/strong>(1) If the trademark owner does not use the trademark seriously in T\u00fcrkiye for the goods or services for which it is registered within five years from the date of registration without a justifiable reason, or if its use is interrupted for five years without interruption, a decision will be made to cancel the trademark.
(2) The following situations are also considered as use of the trademark within the meaning of the first paragraph:
a) Use of the trademark with different elements without altering its distinctive character.
(b) Use of the trademark on goods or packaging solely for export purposes.
(3) Use of the trademark with the permission of the trademark owner is also considered as use by the trademark owner.<\/em><\/p>\n\n\n\n

Article 26- <\/strong>(1) The cancellation of the trademark is decided by the Institution upon request in the following cases: a) If the conditions specified in the first paragraph of Article 9 exist\u2026<\/em><\/p>\n\n\n\n

The explanatory memorandum for Article 9 of the Industrial Property Law also states:\u2019The article explicitly states that the trademark must be used in relation to the goods or services for which it is registered. However, the use referred to in the article is the use of the trademark in T\u00fcrkiye within the scope of its purpose, in accordance with its function, that is, within commercial life, and for the fulfillment of the functions of the trademark. This use, described as "genuine use" in English, has been established in doctrine and jurisprudence as "serious use". Therefore, using the trademark through documents or advertisements solely to prevent third parties from having the trademark cancelled, and similar situations, will not be considered as use within the scope of the article.\u201c<\/em> The purpose and conditions of the relevant regulation have been explained by including these statements.<\/p>\n\n\n\n

What is Serious Use?<\/h2>\n\n\n\n

Upon reviewing the Turkish Patent and Trademark Office's Guide to Proof of Use regarding serious use, it is seen that the necessary elements for serious use to be accepted have been determined. These are:;<\/p>\n\n\n\n