TR

Trademark

 

The knowledge and experience we have gained over the years has positioned IDAL as a leading provider of comprehensive Trademark services

 

First, IDAL makes you sure that what you are doing will fit for your branding strategy. Is your proposed mark sufficient or will some strategic filing of similar marks keep your competition even further from your trading space.

The next step is a trademark search. Does it already exist, what else is there that is close and are you free to use it?. Then you need advice on what you can register and how far your cover can extend. You need to register it in as many jurisdictions where you think you might like to trade on your brand, whether it is to be used directly or by licensing to third parties. IDAL is also able to assist you with trademark protection overseas either via the Madrid Protocol or in individual countries.

 

Summary for Trademark Registration in Turkey

 

1. Turkey is a member of the Paris Convention for the Protection of Industrial Property.

2. Following 10th edition of Nice Agreement.

3. Multi-class Applications are possible

4. Total Time Frame of registration is 12 Months

5. Use of trademarks is not compulsory for filing application

6. A separate application must be filed for registering each trademark


The request for renewal shall be submitted within a period of six months before the last day of the month in which the protection ends. In failing this deadline, the request may be submitted within a further period of six months from the last day of the month in which the protection ends conditional to the payment of an additional fee

 

7. Trademark is registered for a period of ten years from the date of filing of the application. Registration may renewed for further periods of ten years.

 

Practices and Notes for Trademark Registrations

After filing a trademark application, Turkish Patent Institute assign an examiner to concerned application for registrability of the same. Said period may take 6 – 8 months to finalize. If the application is rejected, owner may submit an appeal against the decision of registrar.

Once a trademark application is accepted by the Registrar, it is published in the Official Gazette for 3 months period against third parties interests. In case of any opposition received in mentioned period, Registrar evaluate it and give own decision which might be appealed to the re-examination and evaluation board and related court. The Re-examination and Evaluation Board shall, if finds it suitable, invite the parties to submit within one month their own observations on the observations of the other parties or those of the administration In the absence of opposition, application seen as registered and relevant certificate is issued.

The ownership of a registered trademark can be assigned with the goodwill of the commercial enterprise. Unless an assignment has been recorded in the register and published in the Trademark Gazette, it shall have no effect vis-à-vis third parties. Changes in the name and/or address of the registrant must be recorded in order to protect rights. Registered user agreements, licenses and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well.

Use of trademarks is not compulsory for filing application neither for registration nor for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration, if the owner fails to use such a trademark in Turkey for 5 consecutive years from the date of registration.

Illegal use of a registered trademark by an unauthorized person, use of a forged or counterfeit trademark, application to one’s goods a registered trademark belonging to another party in bad faith, dealing in products bearing a forged or counterfeit trademark, rendering services under a forged or counterfeit trademark, and use of a trademark that falls under certain categories of unpredictable marks are offenses punishable under the law in Turkey.

 

Being a member of the Nice Agreement, the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th edition) is followed in Turkey, and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002. Multi-class applications are possible for both goods and services.

 

Once a trademark application is filed, it is examined as to its registrability. Upon examination, if the Trademark Registrar rejects the mark, an appeal maybe submitted within 2 months from the date of rejection. Once a trademark application is accepted by the Registrar, it is published in the Official Gazette.

 

Any interested party may file a notice of opposition to the registration of the mark within three months from the publication date. The Registrar’s decision concerning the opposition may be appealed to the Committee “Re-Examination and Evaluation Board” and the Committee’s decision to the competent court. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.


News From IDAL IP & Law Group

IDAL IP & Law Group will attend to INTA Annual Meeting in Barcelona, Spain on May 20, 2017.

 

IDAL IP & Law Group attended to LESI Annual Meeting in Paris, France on April 20, 2017.

 

IDAL IP & Law Group has attended as a lecturer to IP2016 “Best Practices: Creating a Sustainable Technology Transfer Ecosystem” conference in Istanbul on October 26, 2016.

 

Mr. Murat Idal was a lecturer and gave full day education (LES100) to representatives of law offices, universities, and industry leaders.

 

As a board member of LES Turkey, Mr. Murat Idal gave a speech in IP consortium established with Ministry, Turkish Patent Institute and LES Turkey. Mr. Murat Idal was lecturer of serial sessions about management of IP Portfolio in companies.

IDAL IP & Law Group Armada İş Merkezi, Beştepe Mahallesi Dumlupınar Bulvarı, No:6A/18 Kat:12 Ofis:1225H6 - 06560 Yenimahalle, Ankara / TURKEY T: +90 312 295 64 13 , +90 312 4179985 E: idal@idal.com.tr Copyright © 2017