TURKEY

• Kinds of Trademarks registrable in TURKEY

  • Following indications may be used as Trademarks in Turkey:

    • Word marks
    • Personal names
    • Designs
    • Letters
    • Numerals
    • Shapes of the goods or their packaging
    • Similarly descriptive and capable of being published and reproduced by printing

    Types of Marks registrable:

    • Collective marks
    • Certification marks
    •  Marks for non-commercial purposes
    • Service marks
    • Well Known marks
• Requisites for a Trademark to be registrable in TURKEY

  • Trademarks must contain the following essential requirements to be registrable in Turkey:

    1. Distinctiveness
    2. Non-descriptiveness of the goods and / or services
    3. Not be a well known term in the line of business, trade channels of the applicant
    4. Not be same / similar / identical either visually and/or phonetically  to prior registered marks pending registration.
• Kinds of Trademarks not registrable in TURKEY

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Turkey:

    1. Trademarks identical or confusingly similar to trademarks registered earlier.
    2. Trademarks consisting exclusively of signs on indications which serve in trade to indicate the kind, characteristics, quantity, intended purpose, value, geographical indication/origin or designate the time of production of the goods or of rendering of the service or other characteristics of goods and services.
    3. Trademarks consisting exclusively of signs and names used to distinguish specific groups of craftsmen, professionals or tradesmen or have become customary in the current and established practices of the trade.
    4. Trademarks containing shapes of products resulting from the nature of the goods necessary to obtain technical results or which give substantial value to goods.
    5. Trademarks deceptive in nature, misleading people about the nature, quality, place of production of goods / services.
    6. Trademarks containing maps, emblems, signs, seals, official insignia of national and international associations/organisations.
    7. Trademarks containing religious symbols
    8. Trademarks or signs contrary to public policy and morality
    9. Proposed Trademarks identical or similar to prior registered or pending marks
    10. Trademarks filed in bad faith.
    11. Trademarks causing confusion or leading to association with prior pending /registered marks owing to similarity of goods/services.

    TrademarkCopia through its associate Law Firms and Lawyers in Turkey is at hand to help you with trademark registration and prosecution.

• Trademark Search in TURKEY

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Turkish Trademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Turkey.

• Trademark Filing in TURKEY

  • Filing is done with the Trademark office of Turkey.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna Agreement for figurative mark)

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in TURKEY

  • Once the trademark application is filed, it is examined regarding compliance with the conditions of filing. If any deficiencies are found in the trademark application, the applicant is asked to remedy the same within a stipulated time period, else the application is deemed abandoned.

    If the trademark application does not encounter any objection, it proceeds to the next step.

• Trademark Publication & Opposition in TURKEY

  • Post examination, the trademark application is published in the official IP bulletin. Interested third parties may file their opposition regarding registration of the trademark.If the trademark application does not encounter any opposition, it proceeds for registration.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Turkey can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in TURKEY

  • Where an application has been found to be without defects or its deficiencies remedied and there having been no opposition to it within the prescribed period, the trademark application is registered and issued with a trademark Certificate of registration.

    Trademark registration in Turkey is valid for 10 years from the date of registration, after which it can be frequently renewed for another 10 years.

    Rights of Trademark Owners:Trademarks may be:

    • Exclusively used by the owners of the registered trademarks.
    • Transferred in whole or in part- Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    •  Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in TURKEY

  • Pre- Registration: Usage of the trademark prior to filing of the registration application can help overcome the non-distinctiveness of the mark if any, so as to make it registrable.

    Post-Registration: Non use of the trademark continuously within 5 yrs. without justifiable reasons makes it liable to be repealed / cancelled.

• Trademark Cost of Registration in TURKEY

  • Please write mail for the cost of registration of trademark in Turkey to the mail address given below:

    contact@trademarkcopia.com