Our Services Related to Trademark Application and Registration Process:
- Before the application, we conduct preliminary trademark research from the Turkish Patent and Trademark Office (TURKISH PATENT) web page and the programs we use and evaluate the suitability of the trademark application according to the results obtained and prepare a report for it.
- Filing of objections to rejection decisions in case of rejection partly or completely of application.
- Following the application for trademark, observing the similarity from the date of application in Official Brand Bulletins published twice a month by TURKISH PATENT, and reporting the results obtained to the client.
- In accordance with the received instructions, preparation of appeal to publication of similar trademarks published in the bulletin and filing it in TURKISH PATENT. Preparing and filing the objections against the rejection or partial rejection decisions given by TURKISH PATENT.
- Informing clients about renewal due dates and filing renewals.
- Filing of well-known trademark applications according to the criteria determined by the Turkish Patent and Trademark Authority.
- Proceeding all legal procedures such as licensing, transfer, change of name/address/type of the firm or holder after the application or registration of a trademark.
General Information About Trademark
We characterize the concept of trademark as all kinds of signs which may be displayed through drawings or expressed in a similar way and published and reproduced by means of printing like particularly words including personal names, letters, figures, forms or packages of goods provided that they ensure us distinguishing goods or services of an enterprise from goods or services of another enterprise.
Trademark protection is ensured in accordance with “Paris convention” criteria in which Turkey signed in 1930 merely in all countries of the world. Trademarks in Turkey are protected according to the Industrial Property Law No. 6769 published on 10.01.2017, while the trademarks are protected according to the Decree Law on the -Protection of Marks No. 556, which has been prepared in accordance with the Paris Agreement, effective from 1995.
Importance Of Trademark Registration
In principle, a trademark must be registered after the application to be made in accordance with the TURKISH PATENT in order to benefit from the provisions of the Industrial Property Law No. 6769. Any trademark not registered before TURKISH PATENT is not owned by you as a rule.
Entities providing products or services protect trademarks they use with “trademark registration” in order to distinguish their products or services and to become a name in the market. Trademark registration is the most important and powerful legal right which prevents use of the same or similar of a name, logo or distinguishing sign. The power of companies is measured by the values of their trademarks, rather than the tangible assets they owned.
It gives an idea about the issues like quality, reliability of a product or service. Because, most of us think that we find high quality products under a trademark frame. Namely, your trademark describes you.
Like any other thing having a value, trademarks should also be protected. Protection of the trademark, begins with the registration of it in his proprietor’s name.
Trademark is a force that would protect you about the issues like violation of the trademark right in the competitive environment, imitation of the product or the weight of powerful companies in the market, which will obstruct unfair competition in fast ways.
In the case of trademark registration in TURKISH PATENT, it provides protection only within the national borders of Turkey. If a protection is requested abroad, it is significantly necessary to obtain a trademark registration in each country where protection is requested. You must definitely register your trademark in any country you are exporting or planning to do before starting to export. By this way, you may use your trademark with peace of mind without risking violation.
In case a trademark is used without registration and this use infringes the rights of third parties, you may subject to criminal and legal sanctions. Never think that your business is small for trademark registration. Regardless of size of your business, your trademark will always keep you one step ahead of your competitors.
Trademark Protection Time and Renewal
A registered trademark provides protection for 10 years. The protection provided by the trademark registration to the trademark owner would ensure an infinite protection by renewed trademark registration in every 10 years period.
Trademark renewal request must made by the trademark owner in the presence of TURKISH PATENT within the previous six months from the date on which the protection period ends and informing the Authority about payment of the renewal fee within the same period. Within the right period, in case of not being requested or not being provided the information about renewal fee to the authority, renewal request may also be provided with an additional fee within six months from the date on which the protection period ends. A trademark owner who did not renew his/her trademark may object to the registration applications within two years from the date of expiration, by using the trademark actually.
The trademark may also be renewed for a part of the goods or services covered by the registration. Request from one of the enterprises, including the group, is sufficient for the renewal. Renewal will be effective from the day following the date on which the previous period of protection ends. Non-renewal marks become ineffective and can be registered on behalf of others.
Dispositive Transactions on Trademark Right
Trademarks may be transferred, rented by means of a license agreement, inherited or put lien to successors. Any savings like transfers, licenses, transferred through inheritance and pledge and address and title changes on the certificate of trademark registration must be registered in the trademark registration in order to be able to effective against third parties. Legal transactions are in written form. The transfer contracts are valid only if they have been approved by the notary public. In that case, the changes must be recorded in a proper manner to the trademark registry.
Opposition to Institutional Decisions
A registered trademark is subject to examination by industrial property experts in accordance with Article 5 of the Industrial Property Law No. 6769. As a result of this review, it is decided to accept or totally or partially reject the trademark application. In order to cancel these decisions, objection can be made to the institute within two months from the notification of the decision. Objections are taken into consideration by Review and Evaluation Board and result as acceptance, rejection or partial rejection decisions. A lawsuit can be filed against the judgments of the Review and Evaluation Board in Ankara Legal Court of Intellectual and Industrial Property Rights in 2 months beginning from the notification date of the judgment.
Opposition Against Trademarks Announced in the Official Trademark Bulletin
Third parties can object to the trademark applications which are declared in the Official Trademark Bulletins published by TURKISH PATENT twice a month, for the reasons that they are the same or similar to their trademarks, for two months from the announcement date, by the third parties. In case of encountered such an objection, the applicant has the right to respond to the objection within one month from the notification.
The appeal petition is first reviewed by the trademark experts in the Presidency of the Department of Markets and the decision to accept, reject or partially reject the trademark application is decided. If a partial rejection or a complete rejection is given, it is possible that the decision may be appealed within two months from the date of notification. Appeals against this decision are taken into consideration by the Review and Evaluation Board and concluded as accepted, rejected or partially accepted / rejected. A lawsuit can be filed against the judgments of the Review and Evaluation Board in Ankara Legal Court of Intellectual and Industrial Property Rights in two months beginning from the notification date of the judgment.