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What is Required to File a Trademark Application in Turkey?

Filing a trademark application in Turkey is a straightforward process when you have the necessary documents and information prepared. Below, we break down the key requirements to ensure a smooth application process.

  1. Applicant’s Information
  • Full Name and Address: For individuals, this includes the applicant’s full name and residential address. For companies, the registered business name and official address are required.
  • Nationality: Indicating the applicant’s country of origin is mandatory.
  • Legal Representative (if applicable): If the application is filed by a representative, such as a trademark attorney, their information must be included.
  1. Trademark Representation
  • A clear representation of the trademark to be registered is required. This could be a logo, word, or a combination of both.
  • If the mark includes non-standard elements, such as a three-dimensional shape or a color claim, these must be explicitly described.
  1. Goods and Services Classification
  • Applicants must specify the classes of goods or services under the Nice Classification system.
  • Clear and accurate descriptions ensure the scope of protection matches the intended use of the trademark.
  1. Priority Claim (if applicable)
  • If you wish to claim priority based on an earlier application filed in another country under the Paris Convention, provide:
    • Details of the earlier application (filing date, application number, and country).
    • Certified copies of the priority documents (translated into Turkish if required).
  1. Power of Attorney (if filing through a representative)
  • A Power of Attorney (PoA) is required if the application is submitted by a trademark attorney or another representative.
  • The PoA does not need to be notarized unless requested for specific cases.
  1. Filing Fees
  • Payment of the official filing fee is mandatory. The fees vary based on the number of classes selected and whether additional services are required, such as expedited processing.
  1. Language Requirements
  • The application must be submitted in Turkish. Any documents in another language must be accompanied by certified Turkish translations.
  1. Applicant’s Signature
  • The application form must be signed by the applicant or their authorized representative.

Additional Tips

  • Conduct a trademark search prior to filing to ensure your mark is unique and does not infringe on existing trademarks.
  • Work with a trademark attorney to navigate the complexities of Turkish trademark law and ensure all documents are correctly prepared.

By meeting these requirements, you can successfully file a trademark application in Turkey, paving the way for legal protection of your brand in this key market.

Trademark Registration Process in Turkey: A Comprehensive Guide

Expanding your brand into Turkey is a strategic move for businesses aiming to protect their intellectual property in one of the world’s most dynamic markets. Turkey’s trademark registration system is robust and in alignment with international standards, making it an attractive jurisdiction for securing your trademark rights.

This article outlines the step-by-step process for registering a trademark in Turkey and provides
insights into key aspects of Turkish trademark law.

Why Register a Trademark in Turkey?

Turkey is a member of the Madrid Protocol and the Paris Convention, ensuring that its trademark system adheres to international norms. Registering your trademark in Turkey grants you:

  • Exclusive Rights: Protection against unauthorized use of your mark in Turkey.
  • Market Advantage: Legal protection enhances your market presence and credibility.
  • Preventive Action: Enables you to take legal action against infringers.
  • Interconnection with Other Systems: Easier extension of protection to other countries via the Madrid System.

The Governing Authority

Trademark registration in Turkey is administered by the Turkish Patent and Trademark Office (Türk Patent ve Marka Kurumu or TürkPatent). The process is governed by Industrial Property Law No. 6769, which came into effect in 2017.

Step-by-Step Trademark Registration Process

  1. Preliminary Trademark Search

Before filing an application, it is advisable to conduct a trademark search through the TürkPatent database. This ensures your proposed mark is unique and not similar to any existing registered trademarks.

Tip: Engaging a trademark professional for a comprehensive search can minimize the risk of application rejection.

  1. Filing the Trademark Application

Applications can be filed:

  • Online: Through the TürkPatent’s official portal.
  • In Person or via Post: By submitting the application form to TürkPatent.

Required Information:

  • Applicant’s details (individual or company).
  • A clear representation of the trademark.
  • Classes of goods or services according to the Nice Classification.
  • Power of Attorney (if filing through a representative).

Fees: Filing fees depend on the number of classes selected.

  1. Examination by TürkPatent

The office conducts two types of examinations:

  • Formal Examination: Ensures all required documents are in order.
  • Substantive Examination: Verifies that the trademark complies with legal requirements and does not conflict with earlier marks.
  1. Publication in the Trademark Bulletin

Once the application passes examination, it is published in the Trademark Bulletin for a 2-month opposition period. During this time:

  • Third parties can file an opposition if they believe the trademark infringes on their rights.
  • If no opposition is filed, the application proceeds to registration.
  • If opposition is filed, TürkPatent reviews the case and issues a decision.
  1. Registration and Issuance of Certificate

If no opposition is upheld, or if opposition is resolved in your favor, the trademark is registered.

TürkPatent issues a Trademark Registration Certificate upon payment of the registration fee.

Duration of Protection:

  • A trademark is valid for 10 years from the application date and can be renewed indefinitely for successive 10-year periods.

Special Considerations in Turkish Trademark Law

  1. Use Requirement:
  • Trademarks must be used within 5 years of registration. Non-use without a valid reason may result in cancellation.
  1. Multi-Class Applications:
  • Turkey allows multi-class applications, making the process efficient for businesses offering diverse goods or services.
  1. Language Requirement:
  • Applications must be filed in Turkish. Non-Turkish documents must be accompanied by a certified Turkish translation.
  1. Enforcement:
  • Trademark owners can file infringement cases in Turkish courts and seek remedies such as injunctions and compensation.

International Registration via Madrid Protocol

If you already own a trademark in another jurisdiction, you can extend protection to Turkey through the Madrid System. This simplifies the process and reduces costs for international filings.

Costs and Timeline

  • Filing Fees: Vary depending on the number of classes and whether you are filing online or via paper.
  • Opposition Period: 2 months.
  • Overall Timeline: On average, the process takes 8-12 months, assuming no oppositions or complications arise.

Registering a trademark in Turkey is a crucial step for businesses looking to secure their brand in this fast-growing market. While the process is straightforward, working with a trademark professional can ensure a seamless experience, especially for international applicants navigating Turkish regulations.

Trademark Angel now offers expert assistance with Turkey Trademark Registration. Contact us for a free consultation and take the first step toward protecting your brand in Turkey!