Following the significant shift in the Turkish IP Law, the authority to handle non-use cancellation actions was transferred from the civil courts to the Turkish Patent and Trademark Office (TPTO) as of January 10, 2024. As these administrative proceedings evolve, a recent landmark decision by the Higher Council of Re-examination has clarified a critical procedural safeguard: the absolute necessity of proper notification to authorized representatives. 

The Case Summary 

In a recent cancellation request based on non-use, the First Instance Examiner notified the trademark owner directly, granting a mandatory one-month period to submit evidence of "serious use" in Türkiye. 

However, a significant procedural error occurred: Although the trademark owner had an active and registered attorney on record, the Trademark Office’s automated system had deleted the attorney’s information without cause. Consequently, the notification was sent directly to the right owner but the trademark owner failed to respond within the deadline, leading to the automatic cancellation of the trademark. 

The Higher Council’s Ruling:  

The right owner then informed his attorney about the situation, and they filed an  appeal against the first instance decision before The Higher Council of Re-examination based on procedural grounds, arguing that that such notification to the right owner is unlawful. 

The Higher Council firstly determined that there was no record of dismissal or resignation of the registered attorneys on the subject registration and concluded that: 

Administrative Error: The automatic deletion of the attorney’s record by the Office’s system does not absolve the Office of its duty to notify the authorized counsel. 

Irregular Notification: Sending the request for evidence directly to the trademark owner instead of the active attorney is a breach of mandatory procedure. 

Annulment: Because the initial notification was irregular, the subsequent cancellation decision was unlawful. The Council overturned the decision, ordering the process to be restarted with a proper notification to the authorized representative. 

Strategic Takeaways for Trademark Owners 

This decision serves as a vital reminder for international and local rights holders operating in the Turkish market: 

Registry Integrity: Regularly audit your trademark portfolio on the TPTO digital system  to ensure that attorney records and contact details are active and accurate. 

The "One-Month" Trap: The deadline to prove trademark use is short (one month). Any delay in receiving the notification—even by a few days—can be fatal to the registration. 

Procedural Defense: As proven by this precedent, a procedural error can save a trademark even before the merits of "use" are discussed. 

The TPTO’s Higher Council has signaled that while it seeks efficiency in administrative cancellations, it will not sacrifice the right to a fair defense. For law firms and brand owners, this ruling reinforces the importance of maintaining professional legal representation on the official registry at all times.