International Trademark Registration
Etiket Patent provides a full range of international trademark registration services from clearance to licensing through prosecution and enforcement to help our clients manage and protect their valuable brands throughout the trademark life cycle, both domestically and internationally.
– Turkish Trademark System lays down the following issues;
– Registered trademark protection system for 10 years but can be extended by unlimited number of renewals,
– Protection of service marks,
– Protection of guarantee and collective marks,
– Registration after examination and opposition,
– Absolute and relative grounds for refusal,
– Exhaustion of the rights conferred by a registered trademark,
– Publication of applications
– Opposition by third parties
– Trademark use requirement
Law 6769 on the protection of trademarks, which entered into force on January 10 2017, is the main legislation governing trademarks and includes a registered trademark protection system for goods and services, including guarantee marks and joint marks. Both good and services can be included in one application totally up to 45 classes, the last 11 of which are for services. Turkey is a party of
– Paris Convention on the protection of industrial property (1925)
– Nice Agreement concerning the international classification of goods and services for the purpose of registration of marks (01.01.1996)
– Vienna Agreement establishing an international classification of the figurative elements of marks (01.01.1996)
– Protocol relating to Madrid Agreement (01.01.1999)
It is not required to file an evidence of use to the Turkish Patent Institute, however, a registered trademark should be used in Turkey within 5 years from the registration date to avoid any trademark cancellation action that may be initiated by other parties before the Turkish IP Court. The same is also valid where the use of the trademark is discontinued for an interrupted period of five years.
The period from filing to registration takes 5-8 months for a straight forward application. The Turkish Patent and Trademark Office examines all applications with respect to the filing requirements absolute grounds for refusal or over the earlier identical or confusingly similar trademark applications/registrations for the goods or services concerned within 1-4 months. In case of any inconvenience, the Office issues a notice of refusal and invites applicant to prepare a response in 2 months. If the Office’s decision is again negative and appealed by the applicant, then the Institute’s Appeal Board, namely Re-examination and Evaluation Board, examined it and issued a final decision within 4-8 months, which may be further appealed before the Turkish IP court in Ankara. In the affirmative, it will be published for the opposition of third parties for 2 months in Official Trademark Bulletin. Application will be registered within 2-3 months upon the payment of registration fee provided that no opposition is received.
COST OF A TRADEMARK REGISTRATION
In Etiket Intellectual Property, almost all international trademark registration work is performed on a flat fee basis.
But it can change;
- basically depends on the number of classes to be requested and
- charging policy of the trademark attorney as well as any
- opposition from third parties during publication and/or any official rejection during
- official search-examination by the Turkish Patent and Trademark Office.
You can also look at about trademark registration ability in below:
World Intellectual Property Organization ( WIPO )
Turkish Patent and Trademark Office ( TURKPATENT )