Geographical Indications

Our Services Related to Geographical Indications and Traditional Product Application and Registration

  • Preparation of the application file for geographical indications and registration of the traditional product name and application procedures.
  • Following and executing of all transactions before and after application within the legal periods
  • Preparation of the appeal files in accordance with the instructions, regarding the Geographical Indications and Traditional Product Name published in the bulletin and filing it in TURKISH PATENT.

General Information About Geographical Indications and Traditional Product

Protection of Geographical Indications started with the Decree-Law No. 555 which was enforced on 27.06.1995, in our country. The Decree Law on the protection of geographical indications has been repealed by the 191th article of Law No. 6769 dated 22.12.2016. According to the new arrangement, industrial Property Law No. 6769, Articles 33-54 there are provisions regarding geographical indications and Traditional Product Name. This law is a legal regulation for the development and protection of natural products, agriculture, mining and handicrafts and industrial products. Geographical Indications are referred to in two groups as Origin and Source signs. The name of locality, area or region that is the country of origin for a product is referred as the “Designation of origin”.

To refer a product in this way, this product must have the following three conditions together;

  • It must be a geographical area or a product originating from the country in exceptional circumstances,
  • It must be a product originating from natural and human elements that are specific to this locality, area or region.
  • The production, processing and other operations must be a product made entirely within the boundaries of this region, area or region.

Name of a locality, area or region originating from a product to be registered as a “Merchandise Mark”;

  • It must be a product originating from a region, locality or country with geographical boundaries.
  • It must be a product identified with this locality, area or region in terms of a certain qualification, reputation or other characteristics,
  • At least one of the production processing or other operations must be a product made within the boundaries of a specified geographical area.

Products bearing the name of origin cannot be produced outside the geographical region they belong to. The products carrying the merchandise mark can be produced outside the region they belong to.

Names that are not covered by the name of origin or design nation and which have been traditionally used for a period of at least thirty years to describe a product in the relevant market are referred to as traditional product names if at least one of the following conditions is met:

  • It must originate from traditional production or processing methods or traditional combination.
  • It must be produced from traditional raw materials or materials.

Right to Apply

The following list is entitled to make application for registration of geographical indications and traditional product name:

  • Producer groups.
  • Public institutions and organizations related to the geographical area where the product or product originate, and professional organizations in the form of public institutions.
  • Associations, foundations and cooperatives that are in the public interest in relation to the productor who are authorized to protect the economic interests of their members.
  • If there is only one manufacturer of the product, relevant manufacturers on condition to prove that.

Application Requirements

It is required to make geographical indications application with below stated information and factors:

  • An application form including informations about the identity of the applicant and which rights that the applicant has under the Article 36.
  • In the case of the applicant is the sole producer of the genuine or legal entity, information and documents that prove this.
  • Information and documents that prove conformity with the name of the geographical indications required, the name of origin or geographical indications, and the information on the product group and the geographical indications.
  • A description of the product, and if it is necessary technical information and documents that describe the physical, chemical, microbiological and organoleptic characteristics of the product and its raw materials .
  • Information and documents that clearly define and determine the boundaries of the geographical area.
  • Information about production methods and local production methods and conditions of the product if it is exist.
  • Information and documents that prove the linkage of the quality, reputation or other characteristics of the product subject to geographical registration with the geographical area in question, subject to the geographical indications under the geographical indications definition.
  • Informations and documents related to the history of the product in the relevant geographical area.
  • Information and documents describing in detail the form of audit in accordance with the provisions of Article 49.
  • The use of the geographical indications name and, if it is applicable, informationanddocumentsexplainingthelabelingandpackagingprocedures,
  • Information on payment of the application fee.

It is required to make traditional product application with below stated information and factors:

  • An application form including informations about the identity of the applicant and which rights that the applicant has under the Article 36.
  • Information about the name given on the traditional product name and product group requested and Information and documents proving that the product is suitable for the definition of the Article 34.
  • A description of the product, and if it is necessary technical information and documents that describe the physical, chemical, microbiological and organoleptic characteristics of the product and its raw materials .
  • Production method as described in the definition of the product indicating the characteristic preparation techniques with the properties of the raw materials and other components in the product content.
  • Information and documents describing in detail the form of audit in accordance with the provisions of Article 49.
  • The use of the traditional product name and, if it is applicable, information and documents explaining the labeling and packaging procedures,
  • Information on payment of the application fee.

Subjecting Geographical Indications and Traditional Product Documents to Legal Procedures

Apart from other industrial property rights, geographical indications and traditional product name rights will not be subject to license, transfer, seizure and similar legal proceedings and will not be displayed as a guarantee.