Trademark Application in Turkiye

In Turkiye, trademark protection is given under Turkish Industrial Property (IP) Law No. 6769. Trademark applications should be filed before the Turkish Patent and Trademark Office (TurkPatent) in Turkiye.

Protection period for trademarks in Turkiye is 10 years and in case of renewal, it can provide an infinite protection for trademark holders.

PREPARATION FOR TRADEMARK APPLICATIONS

It is strongly advised to perform a similarity search in TurkPatent trademark database in order to detect whether there are any similar registered trademarks before the trademark to be intended to register in Turkiye. Before filing trademark application, the similarity search a Turkish trademark attorney performs decreases refusal/opposition possibilities and increases the registration chance.

TRADEMARK APPLICATION PROCEDURE

Before filing an official trademark application, it is required that the goods and/or services for which the trademark is used are determined and according to Nice Classification, classes of the trademark application should be decided. As the number of classes increases, the official fee increases accordingly.

In case of using priority right, the priority document should be given to us for filing during the application.

The trademark application procedure consists of the following phases. After filing the trademark application, in case of no refusal/opposition, it may be registered within one year.

• Examination by TurkPatent
• In case of partial / full refusal, preparing and filing oppositions
• Publication of the trademark application (Within 2 months of publication, 3rd party oppositions against the application may be filed before TurkPatent. It is advised that opinion documents are prepared and filed against oppositions),
• Waiting for the Office decision in case of any opposition,
• Unless there is a full refusal, notifying the registration decision and demanding registration document.

NECESSITY OF USE OF TRADEMARKS

Registered trademarks shall be canceled if they are not significantly used for the good and/or services for which they are registered within five years by the registration date or if use of them has a break for five years without interruption.

TRANSFORMATION OF APPLICATIONS UNDER MADRID PROTOCOL

In case that a trademark application filed under Madrid Protocol for which Turkiye is designated is partially or fully refused by TurkPatent and/or, that the basic registration of that trademark before the Office of origin ceases to have effect through cancellation following a decision of that Office or a court, through voluntary cancellation or through non-renewal, within the five-year period of dependency on the basic trademark, the international registration will no longer be protected. However, it can be transformed into a national application in Turkiye.

NECESSARY DOCUMENTS FOR TRADEMARK APPLICATIONS

• Trademark application holder
• A reproducible sample of the trademark
• The list of goods and/or services for which the trademark is to be used.
• Power of attorney signed by the applicant

Our related services:

• - Determination of classes according to Nice classification and similarity search
• - Filing trademark applications (including colour, motion, sound and three-dimension trademarks) and paying registration fee before TurkPatent
• - Preparation and filing of opposition / opinion documents
• - Transformation of trademark applications under Madrid Protocol into TR national applications
• - Filing renewals
• - Preparing reports for use in legal procedures
• - Filing 3. party opinions about any trademark invaldity
• - Publication tracking and reporting
• - Other operations related to trademark