In Turkey, the current law pertaining to the protection of trademarks is Decree-Law 556 which is in force as from June 27, 1995. This has brought the modern provisions such as protection of service marks, absolute and relative grounds for refusal, publication of the applications and opposition by third parties, infringement procedures and compensation of damages against infringement, establishment of special courts. Beside of registrability of trademarks owned by multi-proprietors, The Decree Law 556 has provided the registration of guarantee and collective marks.
Turkey has also become a party to the Protocol relating to the Madrid Agreement concerning the International Registration of Marks as of January 01, 1999 with the decision of Council of Ministers. The international trademark registrations under the Madrid Protocol can be extended to Turkey and filed from Turkey as from the effective date.
On June 01, 2002, a new classification system according to the international classification of goods and services has been accepted and the service class 42 has been limited by creation of new service classes 43, 44, and 45 which consist eliminated items of class 42.
A comprehensive trademark search in Turkey will provide you to determine pre-registered trademarks in use which are the same or confusingly similar with yours and registered for the same goods and/or services with the range of your interests, in another way of saying, which may be owned by the companies or individuals acting in the same field with you.
Searches conducted through the present databases available on internet are risky and insufficient as any of their contents cover recently filed and/or published trademarks. Besides, in order not to come across unpleasant surprising situations we recommend you not to file a trademark application in Turkey on the basis of a search conducted by ones unaware of changes in classification systems of Turkey in the past.
For trademark application in Turkey, estimated costs are based on the number of classes to be requested and oppositions filed by third parties during publication and/or any official rejection during official examination of TPI’s Trademark examiner. As to our charging policy, we do charge our clients reasonably, depending on the substantive valuable services provided, not for incidental telephone inquiries or requests for quotations… Reporting out official actions, reminding due dates, recording information into our databases are also free of charge and we let you know about upcoming costs and wait for your instructions before we take any step. For learning estimated costs and more, please Contact Us and informed by our foreign department staff who will be pleased to be of assistance
The term of protection of a registered trademark is ten years from the filing date and it is renewable for periods of ten years in Turkey. An application for renewal in Turkey must be filed during the last 6 months preceding the expiration of the protection period. If an application is not filed within the above mentioned six month period, the mark may still be renewed within the 6 months following the expiration date, by paying a fine.
In the case of termination of the protection of a trademark for failure of renewal, another identical or similar trademark application covering identical or similar goods or services shall be refused where an objection is raised in the period of two years. Therefore, the grace period of two years is defined as a kind of priority right for the trademark holders to re-file their lapsed trademark by filing a new trademark application in Turkey.
The only way to prevent the registration of the same or similar application with the registered trademark is carrying out “Trademark Watch in Turkey” on the published marks which will protect you through opposition proceedings before they are registered.
We are at your entire disposal for inquiries you may require while proceeding on this subject. Please Contact Us our professional staff for more information and guiding regarding trademark watch service in Turkey.
Required Documents For Filing A Trademark Application
The Power of Attorney, simply signed/executed by the applicant, notarization or legalization is not required (Legalization of the Power of Attorney is only required for actions such as voluntary cancellation, withdrawal, recordal of changes, or deletion of goods);
For the trademark applications in Northern Cyprus Turkish Republic, the power of attorney must be legalized with apostil if the applicant is not residing at Northern Cyprus.
Power of Attorney and Home Registration Document (or Activity Certificate/Extract from the Commercial Register) may be filed at a later date or after the grant decision is received.
Above mentioned documents need to be supplied with an English translation if the original is in another language.