TRADEMARK

What is Trademark?

The mark is every kind of sign including words, shapes, colors, letters, numbers, voices, and the names of goods or packages, including person names, provided that the goods or services of an enterprise are distinguished from the goods or services of other enterprise and can be displayed in registry in such a way as to enable clear and precise understanding of the subject of the protection provided to the trademark holder mark.

The competent authority for trademark registration in our country is the Turkish Patent and Trademark Office (TÜRKPATENT). Protection coverage is determined by the Industrial Property Law No. 6769.

Brands are indispensable material values of commercial life.These values are labels those identify the manufacturer or the quality of the product or service.

Just as investments are secured in some ways and if they are insured, the importance of the brands should be preserved without being ignored.

Benefits of registration?

Trademark registration must 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.
  • Prevents unlawful profit and it allows the enforcement of sanctions.
  • Allows to take advantage of the state grants and supports.
  • It eliminates risks from your competitors in your commercial life.
  • It prevents possible conflict risks during export.
  • It increases the value of your brand and your enterprises’ competitiveness.
  • Accelerates institutionalization with branding.

Protection can only be achieved through registration.

Trademark preliminary search is the first and most important step of the trademark registration process.

Initially we suggest to be conducted a trademark search through the Anadolu Patent system as soon as you transmit your brand you intended to be registered and we will provide you with a comprehensive report. With thanks to that before the application phase, possible risks can be analyzed and road maps can be drawn and alternative solutions can be presented.

The criminal provisions of the use of the unregistered trademark are very high, either knowingly or unknowingly, to constitute an act of offence against the rights of others.In the meantime, the commercial reputation can be damaged.

Immediately realize your brand registration not to become a forger when you’re a rightful owner.

Documents required by Anadolu Patent to file a trademark application in Turkey:

  • 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
  • Power of Attorney (not legalized)

You may find sample documents in Document Library page.

In the Official Trademark Bulletin of the trademark applied for registration, the rights holder has the right to appeal within the period of 2 months’ notice, claiming the right of ownership. Trademark application can be rejected by assessing objections made by the TÜRKPATENT 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 registered by TÜRKPATENT are protected for 10 years from the date of application. It is possible to extend the protection period unlimited by renewing for every 10 years.

Trademark renewal applications start 6 months before the end of protection, and ends on the day when the protection ends. The trademark renewal request may be made within 6 months after the end of the term, provided that the renewal fee is paid as an additional fee. The trademarks that are not renewed within six months from the end of the protection period become invalid.

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 with the Turkish Patent and Trademark Agency.

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.

Nice Classification List

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