An overview on how to register a trademark in Turkey: what are the filing and registration procedures and the validity and duration of a trademark, with a wise advice.
In this post we talk about:
Which trademarks can be registered in Turkey
A trademark can consist of all types of signs suitable for distinguishing the goods or services of an enterprise from the goods or services of another company, including words, personal names, images, letters, numbers, sounds and shape of the products and their packaging.
Trademark filing and registration of a trademark in Turkey
After the filing of trademark, the application will be submitted to a preliminary formal examination and, whether there are no deficiencies in the conditions of filing, the application shall be examined whether it is eligible for registration within the provisions of article 7 (absolute grounds for refusal).
If the Examiner finds some obstacles to the registration, a notification of refusal will be sent in respect of all or part of those goods and services.
An application for registration of a trademark which has complied with the application conditions and has not been refused shall be published in the relevant Bulletin.
It will be possible to file notices of opposition within two months of the publication of the application.
Validity and duration of a trademark in Turkey
The trademark right lasts ten years from the date of filing of the application. Registration may be renewed for further periods of ten years.
New IP Law in Turkey
On January 10, 2017 the new IP law n.6769 came into force in Turkey.
The new law provides important news concerning the protection of trademarks.
You can find below some news:
- Upon examination of trademark applications, it is now admissible to produce a letter of consent of the owner of the earlier mark which has been cited by the Turkish Examiner as an obstacle to the registrability of the proposed trademark. The proprietor of the earlier mark can give its consent to the use and registration of all or part of the products/services covered by the application.
- In case of opposition, and if the mark on which the opposition is based is registered for more than five years, the opposed party can ask the opponent the proofs of use of its mark. If the opponent is not able to demonstrate the use of its mark, the opposition will be rejected; if the opponent can demonstrate the use of only some of the goods (or services) on which the opposition is based, the opposition will continue only respect to these. It is possible to file an opposition within two months from the date of publication of the trademark.
Finally, we submit to your attention that according to the provisions of article 7(1) d and 7 (1)e, the owner of a trademark is now clearly authorized to forbid any unauthorized use of the mark as a company name, keywords and domain name.
Suggestions for the registration of a trademark in Turkey
The language of Turkey is Turkish. The applicant has the maximum freedom to file its favourite brand, being in Turkish or in another language.
Eva Troiani law firm is at your disposal for further clarifications on how to register the trademark in Turkey. Do not hesitate to contact us!