Questions & Answers About Trademarks In Turkey

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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.
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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!
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Is there a specific time frame for the approval of trademark registration in Turkey?
The average time frame for registration approval is 15 months if no objections or oppositions are filed.
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If I register my trademark in Turkey, do I have protection in other territories?
No. The scope of protection is limited only in Turkey.
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Do I need to sign a Power of Attorney in Turkey?
Yes. A power of attorney is required during the prosecution process.
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Are there any benefits from a pre-filing use of the trademark in Turkey?
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
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What problems might arise if I don’t use my trademark after registering in Turkey?
An unused trademark is vulnerable to getting canceled.
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What are the types of trademarks that can be registered in Turkey?
A mark that can be recreated graphical ly 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
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Does having a registered trademark in Turkey afford me any rights?
Registration is not a legal requirement for securing ownership rights to a trademark. The first party to apply is entitled to registration.
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Is there any need to use my trademark before I apply for registration in Turkey?
No, Turkish trademark law does not require applicants to use the mark before filing an application.
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What are the grounds for a Trademark Application to be opposed in Turkey?
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
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Who can contest my trademark registration in Turkey?
Registrations can be opposed by owners and licensees of an earlier right.
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Is it possible to cancel a registration in Turkey?
A registration might be canceled 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
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When should I renew my trademark in Turkey?
Renewals are made every 10 years from the last date the mark was renewed.
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What will be the renewal date of my trademark in Turkey?
The first renewal will be 10 years from the date when the application was filed.
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Is there any documentation that should be presented when renewing a trademark in Turkey?
No documentation is required if the same attorney who processed the initial registration will handle the renewal. A power of attorney will be required if a new attorney will manage the renewal.
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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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