Trademark Search in Turkey

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

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.

If I register my trademark in Turkey, do I have protection in other territories?

No. The scope of protection is limited only in Turkey.

Do I need to sign a Power of Attorney?

Yes. A power of attorney is required during the prosecution process.

Are there any benefits from a pre-filing use of the trademark?

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
Will there be problems in case I don’t use my trademark after registration?

An unused trademark is vulnerable to getting cancelled.

What are the types of trademark that can be registered in Turkey?

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
What are the phases of application after a trademark has been filed in Turkey?

The sequence of trademark processing in Turkey is as follows: 

  1. 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
  2. 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
  3. 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
What type of trademark is non-registrable?

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

 

Does Turkey use the "Nice Classification" system?

Turkey uses the Nice Classification system for general guide.

Is there any possibility to claim priority in Turkey?

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
What do I need to do to satisfy the use requirement?

Registered marks in Turkey are mandated by law to be used continuously without interruption starting 5 years before its expiration date.

Once my trademark has been registered, for how many years will be valid?

Trademarks that are registered in Turkey are valid for 10 years starting on the application date.

What will be the renewal date of my trademark?

The first renewal will be 10 years from the date when the application was filed.

Is it legal to use my trademark even if it is not yet registered?

Yes. Unregistered marks can be legally used for any goods or services.

Does having a registered trademark in Turkey afford me any right?

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.

What is the web address of the trademark national office?

You can visit the Turkey trademark office online at: http://www.tpe.gov.tr/TurkPatentEnstitusu/?lang=en

Is there any need to use my trademark before I apply for registration?

No. The Turkish trademark law does not mandate applicants to use the mark before filing for application.

What are the grounds for a Trademark Application to be opposed?

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
Who can contest my trademark registration?

Registrations can be opposed by owners and licensees of an earlier right.

Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

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.

Is Turkey a member of the Madrid System?

Yes. Turkey is a party to the Madrid Protocol.

Do I need to present periodic statement of use?

No. Owners are not required to present a periodic statement of use.

When should I renew my trademark?

Renewals are made every 10 years from the last date the mark was renewed.

What will be the renewal date of my trademark?

The first renewal will be 10 years from the date when the application was filed.

Is there any documentation that should be presented when renewing a trademark?

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.

If my trademark expires, do I have a grace period?

Expired trademarks are still possible to renew within 6 months from the expiration date.

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