Today, legal protection of an unregistered sign or name is almost nonexistent.
Trademark is simply a recognizable sign that serves to identify and distinguish the products or services originating from a particular business from the products or services of other businesses. As indicator of business origin, this sign may either consist of just one word or logo; both word and logo can be used together in a sign. Trademarks can consist of all kinds of recognizable signs such as words, names, phrases, logos, figures, colors, letters, numbers, sounds, images and shapes of products, designs of their packages or a combination of these elements.
In order to get your trademark registered, the first step is to file a trademark application to the Turkish Patent and Trademark Office. After filing the initial application, the Office will formally examine the conformity of the application and if there are no deficiencies found in the application, it will be published in the Official Trademark Bulletin.The published application which there has been no opposition within two months or such opposition has been rejected, will be registered by the Office upon the payment of necessary fees to the Office. If your trademark complies with all legal requirements determined in the registration system and is not the same or very similar to prior trademarks registered, it will be registered by the Turkish Patent and Trademark Office.
The term of protection for a registered trademark is 10 years from the date of trademark application. Trademarks can be renewed every 10 years indefinitely by paying the necessary fees.
The required documents in the trademark application vary according to whether the application is made on behalf of the individual or a company. Only a few documents are required. Click here for documents…
After the application, other trademark owners have the right to oppose your application, claiming that your application is similar to their trademark. It is essential that these claims are responded by an expert in order to rise the changes for the rejection of these opposition proceedings. In the contrary case, the opposer would take advantage of their claims in the absence of any defenses.
Registration cost of a trademark changes according to the number of Nice classes you want your trademark to be registered in. It also consists of amounts paid to the Office and to the attorney.
The fee paid to the Office increases proportionally according to the number of classes you decided.
In trademark registration processes, the fees are determined annually by the Turkish Patent and Trademark Office. As an example, the Office has determined an application fee of 250.00-TL for an application made in a single class. It increases 250.00 TL per class.
Trademark registration fee to be paid at the end of the process has been determined as 670.00-TL for 2020. However, it is not deposited at the application stage.
Payments made at the application stage are only the class fee and the attorney’s fee.
In Turkey, trademark registration applications are made to the Turkish Patent and Trademark Office through the applicant, its representative or the official trademark attorneys. Turkish-licensed attorneys who do not have the specialized title of ‘trademark attorney’ cannot carry out the proceedings at the Office.
Yes. According to the laws of Turkey, it is anticipated that some criminal sanctions shall be applied regarding the person/enterprise who violate trademark rights.
Actions taken without the permission of the owner have all been specified as a felony by the law, such as producing, selling, putting up for sales, importing and exporting, possessing with commercial purposes, transferring and storing a registered trademark of another person without permission. To rule a criminal sentence, the trademark must be registered in Turkey.
The shortest way to get “com.tr” is the trademark registration application. With the application document or registration document, you can get a domain name with “com.tr” extension.
No. However, the legal protection of an unregistered sign or name is almost nonexistent today.
After the necessary documents are provided, a trademark research is carried out and we can file a trademark application to the Turkish Patent and Trademark Office within 24 hours.
Contact us for your further questions.
- A trademark can become one of a company’s most important assets. A trademark has many functions such as distinguishing, guaranteeing, advertising, and protection.
- It allows you to be one step ahead of other businesses in the market.
- It is the mark through which a business can attract and retain customer loyalty and create value, reputation and growth.
- It gives you the right to prevent the use of your brand by others.
- It allows you to benefit from government supports in Turkey.
- It is a prerequisite for the control and inspection of products as a customs procedure during import and export operations.
- A registered trademark can be franchised, transferred or sold.
If the application meets all formal requirements and does not encounter any decision of opposition or rejection, the trademark registration processes takes approximately 6-7 months.
However, this period significantly extends in cases of possible rejections or oppositions that may be encountered as a result of incompetent applications made by nonexperts.
Protection of the intellectual property right starts from the date of filing the initial application. In other words, the protection is provided to the right holder without waiting for the actual registration date. Trademarks are protected as of the date, hour and minute the application is made. For this reason, the application must be made and completed quickly and precisely.
This is a situation frequently encountered by those who progress without making a detailed research before the registration application.
Your application may be rejected directly at the formal examination of the Turkish Patent and Trademark Office or it can be rejected as a result of oppositions made by third-parties. You must appeal against these decisions by depositing the amount fee within the legal time period.
It depends on the location of your domicile.
- No, if you are a trademark applicant, registrant, or party domiciled in Turkey. Nevertheless, we strongly encourage you to hire a licensed trademark attorney who can guide you through the registration process. Working with an attorney who is an expert will provide you financial, legal and timewise benefits.
- Yes, if you are a foreign-domiciled trademark applicant, registrant, or party. Those who are domiciled outside the borders of Republic of Turkey can only be represented by trademark attorneys who are authorized to act before the Office.
A trademark can be registered in among 45 different product and service classes determined according to the international classification. When deciding on trademark registration, it is in your interest to make a detailed evaluation of the products and/or services you will use your trademark in and decide only the ones you need. Your trademark attorney will support you in this regard. Your attorney determines in which class you need to apply.
Unfortunately, no. As a rule, trademarks are only protected in the countries where they are registered. Accordingly, as a rule, a registered trademark in your own country is not protected within the borders of Turkey.
If the owners of foreign registered trademarks seek protection for their trademarks (since they carry out operations out of their country due to exports, fair participations, granting distribution in Turkey or similar reasons), they must register their trademarks in the related country or countries.
Only the registration of one trademark can be requested with each application.
The letter “R” placed on the logos means that the trademark is registered. “R” is short for ‘registered’. Thus, you can add prestige, corporateness, preferability and reliability to your brand and you can provide deterrence against imitations.
Trademark applications are increasing every year in Turkey. In 2019, 135.000 trademark registration applications were made.