In recent years, particularly number of domestic trademark applications has been dramatically increased as a result of incentive governmental studies in Turkey. This means obtaining a registered trade mark in Turkey is getting difficult day by day.
Within this crowd, you will always be able to find a wayout with the assistance of our experienced trade mark experts.
Types of marks
The types of marks in Turkey are as follows;
A trade mark is a sign distinguishing the goods produced or traded by an undertaking from the goods of other undertakings. Marks placed on the goods or on their packages are trademarks.
Service marks are the signs for distinguishing services of one undertaking from the services of other undertakings. Marks of insurance companies, hospitals, banks or patent firms fall in the service mark category.
A guarantee mark, under the control of the proprietor of the mark, serves the purpose of the guaranteeing the common characteristics of the undertakings, production methods, geographical sign and quality of those undertakings. The use of the guarantee mark by the proprietor of the mark or on the goods or services of an establishment economically connected to the proprietor of the mark is forbidden. Examples include ISO, TUV and CE marks.
Collective mark serves the purpose of distinguishing the goods and services of the undertakings belonging to a group from the goods and services of the other undertakings
Well Known Marks
Well known marks are the signs whose well-knowness by the public has been legally approved by the Turkish Patent Institute or by courts. Scope of protection of well known marks are so wide that a sign similar to a well known mark cannot be registered even though it is not in the good and service categories of the well known mark. List of well known marks are published in the special official bulletin of TPI and the list are updated when necessary.
Requirements for filing
Subsequent to application, TPI officials formally examine the application and within a month, a Turkish trademark application number is assigned to the application.
In a period of 3-4 months after filing, detailed examination begins. During the period, TPI primarily evaluates the application in view of the absolute grounds for rejection and then conduct a similarity search. In case of a grant or partial grant, TPI decides to publish the application. In case of a refusal, the application is not published and TPI grants the applicant a two months objection period for defending himself against the refusal decision.
Within a month after the detailed examination, trade mark applications, not refused during the examination, are published in TPI's Trade Mark Bulletin for 3 months. During the publication period, third parties can file their oppositions, to be evaluated by TPI, against the applications. Oppositions having valid grounds for total or partial refusal are accepted by TPI and processed accordingly.
In a month following the end of the publication term, TPI send its decision for registration and requests the applicant for the completion of missing documents, if any, and the payment of the registration fee within 2 months. The Trademark Registration Certificate can be received within 1-2 months upon the completion of above mentioned requirements.
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