Trademark in Turkey | At EFOR PATENT, we recognize the value of trademarks and brand management in today’s global economy. With trademark attorneys who concentrate solely or primarily on trademark matters and a talented team of experienced trademark paralegals, we offer a full range of trademark services and provide insight and guidance on the most complicated issues facing trademark owners.
Our TM services include:
– Carrying out availability searches and providing opinion thereon,
– Filing and obtaining registration of trademark in Turkey,
– Filing arguments and oppositions in Turkey, sending the warning letters,
– Cancellation of Trademarks in Turkey,
Trademark Search in Turkey
Although it is not obligatory, an extensive trademark search should be seen as a time and money-saving proceeding since the adoption of a trademark that is confusingly similar to a trademark currently in use or pre-registered in Turkey by others may give rise to a claim for infringement and litigation.
Trademark Application in Turkey
Upon receipt of instructions and completion of the requirements, we file the trademark applications electronically to the Turkish Patent and Trademark Office. With the help of the on-line system of the TPTO, whole process for trademarks – from filing to getting the registration certificate – has been shortened to almost 5-6 months.
Trademark Opposition in Turkey
TPTO officers examine trademarks prior to their publication, in consideration of the relevant articles of the Turkish Industrial Property Law No. 6769, pertaining to the absolute and relative grounds of refusal in Turkey.
If any grounds for refusal have not been revealed during the examination, the trademarks are published in the Official Trademark Bulletin for opposition purposes for a 2-month term. Any natural or legal person or any group representing manufacturers, producers, suppliers, traders, or consumers may submit to the Institute their written oppositions that the trademark does not conform to the registration requirements even they are not a party to the proceedings before the TPTO. The examiner of the TPTO freezes the case until all oppositions and responses are timely filed and decides upon considering the responses.
Trademark Renewal in Turkey
The protection period of a registered trademark is ten years from the date of filing and it is renewable for periods of ten years in Turkey. The application for renewal may be filed within of six months prior to the expiration of the 10-year protection date or with a fine within the six subsequent months following the expiration of the 10-year protection date. The provisions of this Law shall cease to produce an effect for trademarks that have not been renewed within six months after the expiry of the period of protection. Partial renewal for some of the registered goods or services are also available now, i.e., renewing trademarks only for requested classes of all registered classes.
Trademark Watch in Turkey
In order to provide comprehensive and effective protection on your trademark rights, trademark applications that have been filed with the Turkish Patent and Trademark Office or have been published in the Official Trademark Bulletin can be watched and the trademarks which are identical or similar to your trademarks can be reported to you. Through opposition proceedings, such potential infringing marks can be blocked before they mature into registration. This will avoid you from time and money-consuming procedures such as filing and prosecuting court suits in Turkey.
Customs Regulation in Turkey
Following the amendment of the Customs Law by Law No. 5911, the New Customs Regulation in Turkey came into effect in October 2009 which provides a new mechanism for intellectual property right holders, known as ‘simplified destruction’. The simplified destruction provisions are highly similar to EU Council Regulation No. 1383/2003 and this enables owners to take more efficient actions in cases of infringement during customs proceedings in Turkey.
Domain Name in Turkey
The revolutionary world created by the Internet has resulted in the dedication of a significant part of our practice to issues involving the application and protection of domain names. We advise our clients on registration and protection strategies for domain names. The administration of the country code top-level domain of “com.tr” is handled by the Middle East Technical University (METU) in Turkey.
Please be advised that the following data must be provided for the actions in Turkey.
• Name, address, and nationality of the applicant
• Power of attorney, “simply” signed and sealed by the applicant (notarization or legalization is not required);
• List of goods and/or services, preferably in accordance with Nice Classification;
• Sample of trademark/ service mark (in electronic format); and
What are the routes to obtain protection for a trademark in Turkey?
Applicants may file a conventional trademark application or they may file an application under Madrid protocol designating Turkey.
Any natural and legal persons who accommodate or have industrial or commercial establishments in Turkey, or persons who are entitled to file applications under the provisions of the Paris Convention.