In short
The question of how cancellation of an unused trade mark is asked for is built from the request made to the Office after registration. Five years of serious non-use is the reason for this route. Token use made in the three months before the request is opened, in the thought that cancellation will come, is not treated as serious. The owner of the mark has one month to reply, and this time can be extended by one more month. Real use is not itself erased because it fell in those three months.
Cancellation is the Office's decision
The place that decides the request is the Turkish Patent and Trademark Office. The court does not, at this stage, rule on non-use. Invalidity rests on an absolute or relative ground of refusal, and that action is directed at the owner of the mark. The Office is not shown as a party in an invalidity action. An invalidity decision produces a result from the application date. The cancellation examination does not itself borrow this date. The day of the two results is not melted into the same petition. Before the list of goods is seen, it is not said on which goods there is non-use.
Invalidity and registration are a separate door
The frame of invalidity sits under invalidity of a trade mark, an action against an Office decision under an action against a Board decision, how registration works under trade-mark registration, and the address on the register under the register address. The cancellation request itself is not an action. An action against the Office's decision is heard in the Ankara Intellectual and Industrial Rights Civil Court. The time against a Board decision is two months from notification, and the judicial recess does not extend this time.
How non-use is read
The register extract, the list of goods, and the document of use are read together. A lawyer in Ankara separates, from this record, that the office being in Çankaya does not change the competent authority. That the office is in Çankaya does not carry the cancellation request to court. A new year of non-use is not added under this heading, because five years and three months of token use are what is written on the file.
The reply is one month, not two months from the start
The time given to the owner of the mark is one month. This time can be extended by one more month. The extension does not mean the time is counted as two months from the start. The reply petition should show on which goods there is use, and the document in its annex. If an invoice, a catalogue, or a contract of sale carries the character of the use, it is read. A transaction in the three months thought to be token is not treated as serious. A real sale is not itself erased because it fell in those three months. The decision does not announce non-use for all classes before seeing the list of goods.
Non-use is not announced without the register
The register extract shows to whom the mark belongs and which goods it covers. While the extract is missing, non-use is not built with a class list remembered later. The annex to the application writes which period's use is looked for. Service shows on which date the Office decision was notified to the right holder, and the two-month time for an action is read from this notification. The judicial recess does not extend that time. The petition does not write the cancellation request and the invalidity action with the same result date. The effect of invalidity goes to the application date. The cancellation examination does not borrow this date. A missing annex is not treated as completed with a number of years remembered later.
Evidence of use is read separately for each item on the list of goods. A sale of one good does not itself save every good on the list. On which goods there is non-use is not said before the list is seen. An invoice, a catalogue, or a contract of sale carries whether the use is serious. A token transaction made in the thought that cancellation will come is not treated as serious. Real use is not erased because it fell in the three-month window. The reply is one month, and it can be extended by one more month. This extension does not make the time two months from the start. A new year of non-use is not added.
An action against the Office decision is read from the date of notification. The time is two months from notification, and the judicial recess does not extend this time. If there is no service annotation, two months cannot be produced here. The petition does not tie the cancellation request to the invalidity action on the same result day. In invalidity the Office is not shown as a party. The register extract shows the owner of the mark and the goods. While the extract is missing, non-use is not announced. The decision does not melt, in the same sentence, the non-use route in Article 26 and the effect of invalidity in Articles 25 and 27.
Conclusion
Cancellation for non-use is asked for from the Office. Five years, three months of token use, and a reply of one month belong to this door. Invalidity is in court. The official basis is Article 26 of Law No. 6769. The effect of invalidity is in Article 27, and the frame of the action is in Article 25. The frame sits on the intellectual property page, and the basis is the Industrial Property Code No. 6769.