What is an international trademark application?
Trademarks are only protected in the countries where they are registered.Trademark owners need to register trademarks in countries where they want to protect their trademarks. There are 5 different systems for trademark registration abroad.With systems enabling simultaneous application in many countries paper works significantly reduce by applying in one language and advantages of time and especially cost is created.
As ANADOLU PATENT, we provide the protection of your trademark by the registration service in the countries that you have established abroad, registered or not registered in the country, especially in the countries where you carry on EXPORT activities.
Benefits of Registration?
Trademark registration must absolutely be made in order to secure your investments and labor, ensure that goods are not seized at customs during export, that your bureaucratic procedures are accelerated and that you can safely keep your business life without compromising the rights of others by securing your business against abusive people.
- With the Trademark Registration Certificate, your brand becomes official.
- Protect your business and brand against unregistered trademarks and imitations.
- It prevents illegal profit making attempts as a result of unauthorized trademark utilization and enables application of sanctions.
- It enables to take advantage of state grants and supports.
- Eliminates risk toward our competitors in your business life.
- Prevents possible dispute risks during export.
- Increases your brand’s value and your enterprise’s competitive power.
- Accelerates institutionalization by branding.
It is a system in which over 100 countries including Turkey are members. With a single application you can choose as many countries as you want. It is possible to add additional countries later on to the present application. Applications are filed through Turkish Patent and Trademark Office and are carried out by the World Industrial Property Rights Organization (WIPO), headquartered in Geneva, Switzerland.
There is an application or registration requirement in Turkey for the application to be made with the same trademark. The registration will depend on the application or registration made in Turkey for 5 years and will lose its validity if the mark in Turkey becomes invalid. However, at the end of 5 years international registration will become independent.
Due to the fact that transactions are carried out by a single institution, it is more advantageous than the national applications to be filed directly due to the simplicity of the transactions, the cost and the low number of paper works.
USA (US), Germany (DE), Antigua and Barbuda (AG), Albania (AL), European Union (EM), Australia (AU), Austria (AT), Azerbaijan (AZ), Bahrain (BH), Belarus (BY), Benelux (BX), Bhutan (BT), Bonaire,Sint Eustatius and Saba (BQ), Bosnia-Herzegovina (BA), Botswana (BW), Brunei Darussalam (BN), Bulgaria (BG), Algeria (CZ), Curacao (CW), Czech Republic (CZ), China (CN), Denmark (DK), Armenia (AM), Estonia (EE), Morocco (MA), the Philippines (PH), Finland (FI), France (FR), Cyprus (CY), Gambia (GM), Ghana (GH), Republic of Korea (KR), Georgia (GE), Croatia (HR), India (IN), United Kingdom (GB), Indonesia (ID), Iran (IR), Ireland (IE), Spain (ES), Israel (IL), Sweden (SE), Switzerland (CH), Italy (IT), Iceland (IS), Japan (JP), Cambodia (KH), Montenegro (ME), Kazakhstan (KZ), Kenya (KE), Kyrgyzstan (KG), Colombia (CO), Democratic People’s Republic of Korea (KP), Cuba (CU), Laos (LA), Lesotho (LS), Latvia (LV), Liberia (LR), Lichtenstein (LI), Lithuania (LT), Hungary (HU), Madagascar (MG), Macedonia (MK), Mexico (MX), Egypt (EG), Mongolia (MN), Moldova (MD), Monaco (MC), Mozambique (MZ), Namibia (NA), Norway (NO), OAPI (OA), Uzbekistan (UZ), Poland (PL), Portugal (PT), Romania (RO), Rwanda (RW), Russian Fed. (RU), Saint Martin (SX), San Marino (SM), Sao Tome and Principe (ST), Serbia (RS), Sierra Leone (SL), Singapore (SG), Slovakia (SK), Slovenia (SI), Sudan (SD), Syria (SY), Swaziland (SZ), Tajikistan (TJ), Thailand (TH), Tunisia (TN), Turkmenistan (TM), Ukraine (UA), Oman Sultanate (OM), Vietnam (VN), New Zealand (NZ), Greece (GR), Zambia (ZM), Zimbabwe (ZW)
It is a system that provides protection by a single application, which is valid in all 28 member states of the European Union (EU). With the addition of new member states, registration will expand automatically. Applications are filed directly to the European Union Office of Industrial Property Rights (EUIPO), headquartered in Alicante, Spain.
The choice of country is not possible and a possible rejection in any member country will result in the rejection of the entire application. With a rejection decision, the application can be converted into a national application. If the trademark is not used for 5 years after being registered, the cancellation of the mark may be the issue. The use of the mark in only one country may pose a risk for the cancellation of the mark.
Austria (AT), Belgium (BE), Bulgaria (BG), Cyprus (CY), Denmark (DK), Spain (ES), Estonia (EE), Finland (FI), France (FR), Germany (DE), Greece (GR), Hungary (HU), Ireland (IE), Italy (IT), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malta (MT), The Netherlands (NL), Poland (PL), Portugal (PT), Czech Republic (CZ), Romania (RO), United Kingdom (GB), Slovakia (SK), Slovenia (SI), Sweden (SE), Croatia (HR)
African Intellectual Property Organization (OAPI) headquartered in Yaoundé, Cameroon, is a system valid in French-speaking African countries. Protection is provided in all member states with a single application. Country selection is not possible, and a possible rejection affects all countries.
Benin (BJ), Burkina Faso (BF), Chad (TD), Equatorial Guinea (GQ), Ivory Coast (CI), Gabon (GA), Guinea (GN), Guinea-Bissau (GW), Cameroon (CM), Comoros (KM), Congo (CG), Mali (ML), Mauritania (MR), Niger (NE), Central African Republic (CF), Senegal (SN), Togo (TG)
The African Regional Intellectual Property Organization (ARIPO), headquartered in Harare, Zimbabwe, is a system valid in English-speaking African countries. Protection is provided in all member states with a single application. Country selection is possible, and a possible rejection affects all countries.
Botsvana (BW), Lesotho (LS), Liberya (LR), Malavi (MW), Namibya (NA), Sao Tome ve Principe (ST), Svaziland (SZ), Tanzanya (TZ), Uganda (UG), Zimbabve (ZW)
A direct national application is a form of application that can be file in countries not included in any international or regional system. It is preferred when the application is considered in a few countries, or when the applicant country is not included in any system.
Protection can only be achieved through registration.
Trademark preliminary search is the first and most important step of the trademark registration process.
It is advised to conduct a similarity search through data sources in the countries considered for application to minimize risks before the application is filed. The results will help the applicant to decide which system to use and the road map will be prepared according to the results.
Do not forget to register your products in your target markets where they are exported not to have problems during and after sales.
Documents* required by Anadolu Patent to file an international trademark application:
- Applicant(s)’s name(s), nationality and address (es)
- Trademark’s representation (graphic representation if not a word mark, preferably .jpg)
- List of goods and/or services the trademark intends to be used for
- Home certificates or registration number if available,
- Power of Attorney
* The required documents may vary according to the jurisdiction. The list of documents will become clear when we receive the information of the requesting countries.
In the Official Trademark Bulletin of the trademark applied for registration, the rights holder has the right to appeal within the period of official time interval, claiming the right of ownership. Trademark application can be rejected by assessing objections made by the local office’s experts.
The most important point in the appeal process is the appeal petitions prepared by combining the acquired experience and legal resources together with the evidence documents proving the rights of ownership.
Trademarks registrations are valid for 10 years* from the date of application. It is possible to extend the protection period unlimited by renewing for every 10 years*.
*Protection time may vary according to jurisdictions.
In order not to face a problem with respect to the protection of your trademark rights, registration of trademark owner’s title and address changes, trademark transfer, licensing, merger, division or inheritance changes in the title of the trademark and the transactions such as attachment and pledge must be registered before the related local offices for each jurisdiction.
Notarized contracts must be submitted for transfer and licensing transactions.
In trademark applications, Nice Classification System* is using that consists of 45 classes with international validity.