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The entire process of filing the application up to registration will take 10 – 14 months. More than a year is to be expected if the application encountered obstacles.
No. The scope of protection is limited only in Turkey.
Yes. A power of attorney is required during the prosecution process.
Yes. The applicant may benefit from pre-filing use by:
- Using it as evidence of ownership before the Turkey Trademark Office during disputes
- Using it to demonstrate the mark’s distinctiveness
- Using it to dismiss disputes on the ground of non-distinctiveness
An unused trademark is vulnerable to getting cancelled.
A mark that can be recreated graphically and can help distinguish a good/service from others is registrable:
- Words
- Slogans
- Names
- Holograms
- Trade dress
- Smell
- Shapes with 3 dimensions
- Colours
- Devices
- Sounds
- Motions
The sequence of trademark processing in Turkey is as follows:
-
Examination – The application will be examined in terms of:
- Formalities or compliance with requirements
- Proper classification of goods/services
- Clarity of descriptions
- Descriptiveness
- Capability to be represented graphically
- Deceptiveness
- Conflict with prior registrations
-
Publication – Details about the application will be made available to everyone through online posting and in the Bulletin of Trademarks
- Mark
- Applicant’s name
- Applicant’s address
- Application’s date
- Application’s number
- Goods and services
- Representation of trademark
- Registration – Once the examiners did not refuse the application and if oppositions after publication have been resolved, the trademark office will then issue the registration grant
These marks are non-registrable:
- Touch
- Taste
- Generic words or common terms
- Marks that serve as geographic location names
- Marks that include flags, names or symbols of nations, states, regions and international organizations
Turkey uses the Nice Classification system for general guide.
Yes. The date of home application can be accredited as the date of filing in Turkey if:
- Home country is a Paris Convention signatory
- Home filing date is within 6 months prior to Turkey filing date
- Home country is a party to WTO (World Trade Organization)
- International registration can be based in Turkey
Registered marks in Turkey are mandated by law to be used continuously without interruption starting 5 years before its expiration date.
Trademarks that are registered in Turkey are valid for 10 years starting on the application date.
The first renewal will be 10 years from the date when the application was filed.
Yes. Unregistered marks can be legally used for any goods or services.
Registration is not a legal requirement to secure ownership rights to a trademark. The first party to file for application gets the entitlement to registration.
You can visit the Turkey trademark office online at: http://www.tpe.gov.tr/TurkPatentEnstitusu/?lang=en
No. The Turkish trademark law does not mandate applicants to use the mark before filing for application.
Trademarks are opposed on these grounds:
- Proprietary rights
- Conflict with moral principles and public policy
- Inclusion of geographical indications
- Generic marks or common terms
- Conflict with a famous personal name
- Conflict with a registered design
- Conflict with trade names
- Registration under a different name such as name of agent or other representatives
- Inclusion of an armorial bearing, protected emblem or flag
- Conflict with a famous mark
- Breach of copyright
- Functional, misleading, deceptive, disparaging or descriptive mark
Registrations can be opposed by owners and licensees of an earlier right.
A registration might be cancelled for any of these grounds:
- Lack of genuine use
- Incompatible with moral principles and public policy
- Use of geographical indication
- Generic mark or common terms
- Conflict with a personal name
- Conflict with registered designs
- Conflict with trade names
- Mark was registered under a representative’s name
- Use of protected flags, emblems or armorial bearing
- Conflict with a well-known or notorious mark
- Proprietary right
- Breach of copyright
- Descriptive, non-distinctive, functional, or misleading/disparaging/deceptive mark
Yes. Only owners of a registered right can secure these rights:
- Exclusive right to use the mark
- Right to contest conflicting applications filed at a later date
- Right to appeal against conflicting marks registered at a later date
- Right to sue third parties for infringement
- Right to demand for damages due to infringement
- Right to license/authorize third parties to use the mark
- Right to appeal of seizure of importation of fake goods
The opposition period officially starts when the application is printed in the Trademarks Bulletin and ends three months later. If the end date falls on a non-working holiday, it will be moved the following the next day.
Yes. Turkey is a party to the Madrid Protocol.
No. Owners are not required to present a periodic statement of use.
Renewals are made every 10 years from the last date the mark was renewed.
The first renewal will be 10 years from the date when the application was filed.
No documentation is needed if the same attorney that processed the initial registration will process the renewal. A power of attorney will be needed if a new attorney will handle the renewal.
Expired trademarks are still possible to renew within 6 months from the expiration date.