1.TRADEMARK
International Trademark Registration Procedures
According to the principle of territoriality of the Paris Convention, Trademarks are valid only in the registered country. In other words, applied or registered trademarks in Turkey are protected only within the borders of Turkey. Trademark owners have to register the trademarks of their products with the relevant country or countries before they take their trademarks, products and services outside of the borders of the country for exports, trade show participations and franchising. Applications are possible in various ways for registration in different countries.
A)International Trademark Registration System in accordance with Madrid Protocol (WIPO)::
The Madrid Protocol provides a registration of a trademark with a sinlge applicaiton by using single language in all countries member of Protocol. Prior condition to use this option is to have an applied or registered trademark in any of the member countries of the Protocol. If the trademark application is rejected in any of the selected countries, the rejection is only valid for that country and the proceedings for other countries are in progress. However, if the trademark application or trademark registration becomes invalid in the country of origin, the international registration will also lose its validity. Countries not selected during the initial application can be added to the same application later.
Due to standard fees being paid in the framework of Madrid Protocol; it is more affordable and practical method that eliminates the inconviences such as paying for each application separately, assigning a POA, translating fees etc. *
According to the Madrid Protocol, the application system is regulated by Law No. 6769.
B) Community Trademark Registration System (EUIPO):
This system provides protection in all European Union member countries. The Community trademark (CTM) ensures a trademark registration in a single language with a single trademark registration covering all European Union countries. The authorized office for Community Trademark Registration is the Office For Harmonization In The Internal Market which is located in Spain (EUIPO- European Union Intellectual Property Office) Since all transactions are carried out by this office, the transactions are simple and low-cost. If the Community Trademark is rejected in one of the community countries, all the community countries shall be deemed rejected. In this case, effective from the date of application, it is possible to convert it into a national application in the member countries where there is no objection.
Usage of the trademark in one of the Community countries deemed usage in Community.
*If the application is rejected in one or more of the selected countries,
it is necessary to appoint an attorney in that country to continue the proceedings
BENELUX
Belgium, the Netherlands and Luxembourg have come together to develop the BENELUX TRADEMARK REGISTRATION SYSTEM. With a single application to the Benelux Trademark Office provides protection in these three countries.
OAPI
This system includes African Intellectual Property Organization member countries of West Africa countries such as Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Congo, Equatorial Guinea, Gabon, Guinea (Conakry), Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, Togo. It is a regional trademark protection providing registration with single application.
ARIPO
This system includes African Regional Intellectual Property Organization such as East Africa, Botswana, Gambia, Ghana, Kenya, Tanzania, Somalia, Lesotho, Malawi, Mozambique, Namibia, Uganda, Sierra Leone, Sudan, Swaziland, Zambia and Zimbabwe. It is a regional trademark protection providing registration with single application.
C) Local Trademark Registration System:
Another option is to apply directly to the Registrar’s Office of the requested country. In this case, the procedures and fees to be followed according to the countries may vary from one country to another.
Related to the subject application preparation of all the foreign trademark applications, the execution of all the applications and the follow-up of the transactions within the course of the transactions and the partial or total rejection of the applications, the follow-up services are provided through the partner companies we work in the relevant country.
2.PATENT AND UTILITY MODEL
International Patent Registration Procedures
A) Patent Cooperation Agreement (PCT)
Patents provide protection in the country where they are registered. Patents which registered in Turkey are valid only in Turkey.
The international Patent applications made under the PCT are carried out by the World Intellectual Property Organization. The purpose of PCT is to ensure that applications are filed in more than one country for the protection of the same invention. In other words, it is a system that enables patent applications with a single international patent application to be filed in all the countries that are parties an international patent application and selected countries.
B) European Patent Convention (EPC)
The European Patent Convention (EPC) for the registration of European patents was signed on 5 October 1973 and entered into force on 7 October 1977. Turkey became a part of EPC on 1 November 2000. EPC is a promotion of cooperation between European countries, the
establishment of a valid patent granting system for all member states and the provision of a common Patent law system among European countries on the protection of inventions. A single application is intended to provide a valid patent protection in the Member States of the Convention.
C) Local Patent Application Systems
The other way to obtain patent protection in a country is to apply directly to the registry of that country. In this case, the procedures and fees to be followed according to the countries vary.
Related to the subject application preparation of all the foreign patent applications, the execution of all the applications and the follow-up of the transactions within the course of the transactions and the partial or total rejection of the applications, the follow-up services are provided through the partner companies we work in the relevant country.
3. UTILITY MODEL
The same procedures as patent applications, and the same services are offered.
4. INDUSTRIAL DESIGNsInternational Registration Of Designs
Uluslararası Tasarım Tescil İşlemleri
Designs receive entitlements for the registered countries. Designs registered in Turkey are valid only in Turkey.
A) European Community Design Registration System:
The European Community Design Registration system is a system which provides registration with a single application of industrial designs in all member countries of the European Union. European Community Design registration procedures are implemented by the European Union Intellectual Property Office (EUIPO) which is located in Alicante, Spain. In this system, there are no limitations on the number of designs to be registered, and designs can be registered in a very short time without material review.
B) The Hague Convention Design Registration System (WIPO):
It is an international registration system that allows to be filed with a single application and receive design protection in.
the parties to the treaty care of the World Intellectual Property Organization. The applicant may own a design with the same influence in the selected countries, by a single application. All transactions related to registration are carried out from one center and all records are kept in one center
C) Personal Design Registration System:
If design protection is requested in different countries, it is possible to apply directly to the country where protection is requested.
Related to the subject application preparation of all the foreign patent applications, the execution of all the applications and the follow-up of the transactions within the course of the transactions and the partial or total rejection of the applications, the follow-up services are provided through the partner companies we work in the relevant country.