A trademark is a sign that is used to distinguish the goods or services offered by one undertaking from those offered by another. Today, with the increasing competition and the spread of global trade, trademarks have become one of the most important tools used for companies to identify the quality and value of the product to the consumers. For this reason besides protecting the trademark in target countries, preventing the unfair activities of the competitors which may create confusion and mislead the consumers, is one of the most important actions for the companies to protect the value of their trademarks.
Alfa Patent Stan Advoka represents Turkish and international clients before the Turkish Trademark Office (TÜRKPATENT) for filing or renewing Turkish trademarks and following their process, for filing oppositions against Turkish trademarks or Turkish part of international trademarks.
Our main services include:
- Performing preliminary research and identifying the possible risks against the trademark application
- Filing applications and following the process before Turkish Trademark and Patent Office.
- Filing response against the rejection decision of the Office
- Filing opposition against third party trademark applications and filling a response to the arguments of the opponents
- Negotiating with third parties, preparation and filing letter of consent
- Providing renewal services
- Conducting a trademark watch monthly
- Filing recordal of changes of name, status and address
- Filing recordal of assignment, merger, licence
- Filing the withdrawal/limitation of a registration or application
- Filing international applications and following up the process before WIPO.
- Filing international applications and following up the process in any country abroad through our international associates.
The protection of trademarks in Turkey is regulated by the Industrial Property Law No. 6769, which entered into force on January 10th, 2017. The Nice Classification are also in force in Turkey for the goods and services in accordance with the membership to the Nice Agreement.
- There are two main characteristics for a trademark: it must be distinctive and it should not be deceptive.
- A trademark may consist any form which can be showed in the registry such as words, designs, letters, slogans, devices, numerals, symbols, shape of the goods and their packings, sounds, motions and colours also.
- Marks are registered with the Turkish Patent and Trademark Office as Trademarks, Service Marks, Collective Marks and Guarantee Marks.
- Multiclass applications are possible for both goods and services
- To eliminate risk of rejection by the trademark registering authority in certain classes, it is recommended to conduct a prior trademark search.
- No power of attorney is need for trademark application.
- Provided that the right of priority is specified in the application stage, if any, the priority document is needed to be submitted in three months subsequent to the filing date.
- Applicants may response against the rejection decision within two months from the notification date of the decision.
- The rejection decision of the Office can be overcome with submitting Letter of Consent obtained from the prior trademark proprietor. It is possible to file Letter of Consent together with a trademark application or a response against the provisional refusal decision.
PUBLICATION AND OPPOSITON
- The publication period for third party objections is two months.
- If the opposed trademark was registered more than 5 years ago, the applicant may ask in his first response for proof of use within one month. If the opponent may not prove genuine use or provide justified reasons for non-use during the five-years period before the date of application or the date of priority of the applicant, the opposition will be rejected according to the Art. 6/1.
- The parties may appeal against the decision before the Office within two months. The appeals are examined by Board and the Board decision is the final decision of the Office. This decision can be appealed before court within two months from its notification date.
REGISTARATION, TERM OF PROTECTION AND RENEWAL
- The sealing fee shall be paid in two months from notification date of the registration decision.
- The registration period is expected to be completed in no more than around 12 months.
- Trademark is registered for ten years from the date of the application. The trademark can be renewed for all or some of it’s goods and services for further periods of ten years.
- The Trademark should be used within five years after the decision of grant.
- The Turkish Patent and Trademark Office is competent to revoke trademarks if a trademark is not made use (effective 10 January 2024).