Trademark Protection In Turkiye
In Turkiye, there are essentially two procedures to request trademark protection:
Direct application to Turkish Patent and Trademark Office: The simplest method for submitting a trademark registration application is to do it with the Turkish Patent and Trademark Office. Except for those who submit an application via the Madrid Protocol, individuals residing outside the borders of the Republic of Turkey may only be represented by trademark attorneys who are qualified to represent clients before the Office. (For the list of trademark attorneys: http://www.turkpatent.gov.tr/TURKPATENT/attorneysearchAll/)
International applications made through the Madrid System: The Madrid System, which is run by the World Intellectual Property Organization, is the second option for submitting a trademark application in Turkey (WIPO). The Madrid System is made up of two complementary accords.It only accepts applications from states who are Parties to the Protocol or Parties to the Agreement and the Protocol. The Madrid Protocol is the governing treaty in both situations for any overseas applications submitted to the Turkish Patent and Trademark Office.
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Who May Apply For Trademark Protection In Turkiye?
We are always suggesting to our clients that where you are using the trademark, please file the trademark application in the subject country. In Türkiye, trademark protection is granted according to the provisions of 6769 Industrial Property Code.
People who have the right to apply under the Paris Convention or the Agreement Establishing the World Trade Organization are eligible for trademark protection in Turkey, as are natural or legal entities conducting business or engaging in industrial activity within the Republic of Turkey. Other than the individuals mentioned above, natural or legal persons who are nationals of nations that provide the Turkish Republic's residents with legal and de facto protection are entitled to trademark protection in Turkey in accordance with the reciprocity principle.
What Is Examination of Trademark Applications in Turkish Patent and Trademark Office?
The Trademarks Department of the Turkish Patent and Trademark Office has an examination system and it includes viewing the procedure, examination for absolute grounds for refusal, publication, examination of oppositions and appeals.
Procedure review: TurkPatent will formally review the application's conformance. If it has no flaws, the application will be considered approved on the day, time, and minute that it was received. The applicant will be given two months to correct any deficiencies in the application if there are any. Applications whose flaws are not fixed in the given time will be rejected. The application will, however, be examined for the class or classes covered by the paid fee if it has been filed for goods or services that fall under more than one class and the nonpayment of the fee related classes is not resolved within the allotted time.
If the office determines that the application has no formal flaws, it will assess the application in line with Article 5 of the 6769 Industrial Property Code to look for absolute grounds for rejection and publication. The application will be rejected for those goods or services as a consequence of the examination if it is determined that the application cannot be registered for some or all of the goods or services covered by the application. Applications that have been submitted in accordance with all requirements and have not been rejected must be published in the Bulletin.
Letter of Consent: If a notarial document demonstrating the unequivocal consent of the preceding trademark proprietor for the registration of the application is provided to TurkPatent, a trademark application may not be rejected on the grounds that it is identical to or indistinguishably similar to a trademark.
Examination of oppositions and appeals: The application will be made public in the monthly Official Trademark Bulletin if no grounds for denial are discovered during the initial assessment. In the two months following the Bulletin's publication date, third parties may submit oppositions. The application will be registered in the Trademark Register and published in the Official Trademark Bulletin if no oppositions are lodged within the mentioned time frame. If the application is rejected whole or in part during the initial assessment, the applicant has two months to file an appeal with TurkPatent. The application in this instance needs to be reviewed in light of the appeal. If the appeal is upheld, the application will either be fully or partially published in the Bulletin, which indicates that it may face further denial after an objection.
Evidence proving that the trademark has been genuinely used: The applicant will be asked by the office to provide his comments regarding the opposition within the allotted time. Upon request from the applicant, the opponent must provide proof that he used his trademark on the goods and services related to the opposition during the five years prior to the date of application or the date of priority of the application for which the opposition is filed, provided that the trademark, which is the basis for opposition, has been registered for at least five years at the date of application or the date of priority of the application for which the opposition is filed.
Opposition shall be rejected if the opponent is unable to substantiate the mentioned. The opposition will be evaluated taking into account the goods or services whose use is proven if it is established that the trademark, which is the basis for opposition, has only been used for some of the goods or services that are covered by registration.
There is a separate division in the TurkPatent Trademarks Department for reviewing oppositions (oppositions division). Parties who disagree with the decisions made by this division may also appeal them to the Office.
Re-Examination and Evaluation Department is the final decision making body of the Office. Within two months of the decision's notification date, a lawsuit may be filed at the Ankara Intellectual and Industrial Rights Civil Court in opposition to these rulings.
Registration: Kayıt ücretinin ödendiğini kanıtlayan bilgiler de dahil olmak üzere, eksik belgelerin süresi içinde kuruma sunulmasıyla tüm aşamaları tamamlanan, eksiksiz yapılmış veya eksiklikleri giderilen başvurular kayıt kısmına geçecektir.
The application will be canceled if the fee for the registration of the trademark is not paid and the information regarding the payment is not sent to the office within the required time frame.
Renewal:Ten years from the application date is the duration of registered trademark protection. This tenure will be extended for additional ten-year intervals. The owner of the trademark must submit the request for renewal and the Office with the information regarding the payment of the renewal price within six months of the protection date's expiration. A renewal request may be made in six months of the protection date's expiration date, provided that an additional fee is paid, or no request is made or the information on payment of the renewal cost is not sent to the Office within this time frame.
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