When it comes to trademark registration services in Turkey, our IP law firm in Turkey stands out as a reliable and knowledgeable partner in Istanbul. With our years of expertise, personalized approach, and comprehensive range of services on Turkish intellectual property law, we have established ourselves as a go-to legal firm for businesses seeking to protect their valuable brand identities.
By choosing our IP law firm in Turkey, clients can easily navigate the complex landscape of the trademark registration process with confidence, knowing that their trademarks are in the hands of experienced professionals dedicated to their success.
We are sharing this informative letter with you, which we have prepared regarding trademark application process, due to the recent high demand received from our clients. If you have any further questions, please feel free to contact us. If you are looking for a detailed information on how to apply trademark in Turkey, this is indeed the right Article for you.
Trademark Registration Procedures
Clients can find the trademark registration procedures a little complex but we would like to inform you that we deal with all phases of a trademark registration process efficiently making the procedures easier for you to understand. For trademark registration in Turkey, client firstly submits the documents we have explained in the content of this letter to us and makes a trademark application before Turkish Patent and Trademark Office through our trademark attorney. It is mandatory for foreign individuals and legal entities to make a trademark application before Turkish Patent and Trademark Office through a trademark attorney.
After the trademark application is complete, the trademark will be subject to a formal examination by the Institution. This is a general examination conducted by Turkish Patent and Trademark Office ex-officio in order to detect if there are some missing document within the application dossier.
If deficiencies are detected in the application dossier, as a result of the formal examination, the applicant is requested to correct these deficiencies within 2 months from the notification date. If the deficiencies are not corrected within the given time, the application will be removed from the process. If no formal deficiencies are detected in the trademark application, the institution will examine the applications in terms of absolute grounds for refusal within the scope of Article 5 of the Turkish Industrial Property Code next.
If, as a result of this second examination made under 6769 numbered Industrial Property Code Article 5, the Institution comes to the conclusion that the trademark cannot be registered in recognition of several or all product or service classes, the application will be partly or wholly rejected.
Partly or wholly rejection decision is a decision issued by the Turkish Patent and Trademark Office, Trademark Head of Department which the applicant has the right to present his/her objections and opinions within 2 months upon service of the rejection decision. Such an objection shall be presented to the higher authority which we call the Commission of Review and Reevaluation.
If it is understood that the trademark does not fall within the scope of the absolute grounds for refusal regulated under Article 5, the trademark will first be published in the Bulletin.
As per Article 18 of the 6769 numbered Industrial Property Law, third parties can present their objections to a trademark application within 2 months following the publishing of the trademark in the Bulletin if they are in the opinion that such a trademark shall not be registered under Article 5 (absolute grounds for refusal) and/or under Article 6 (relative grounds for refusal).
If third parties present their objections against the trademark filed in Turkey, client has the right to present his/her counter statements within 1 month following the service of the decision and the objection petition of the third party. In such a case both petitions and evidences presented are being examined by the Trademark Head of Department and if, as a result of this examination, it is determined that the trademark cannot be registered, the application is partially or completely being rejected.
The party against whom the refusal decision was issued can appeal the decision before the Commission for Review and Reevaluation for once, that will issue the final decision regarding the matter. Against the final decision of the Commission for Review and Reevaluation the party against whom the refusal decision was issued shall file an action for the annulment of the Turkish Patent and Trademark Offices’ final decision, before the Ankara Civil Court of Intellectual and Industrial Property Rights within 2 months following its service.
Clients shall note that mentioned time limit is a statutory limitation. After filing the lawsuit within 2 months regarding cancellation of Turkish Patent and Trademark Office final decision on partial or wholly rejection of the trademark, obtaining finalization statement may take around 3 years depending on whether if the losing party will appeal the decision and also workload of the Court of First Instance, Court of Appeal and the Supreme Court.
The protection provided to a trademark registration is 10 years following the date of application. This period can be renewed in each 10 years period.
How much does it cost to register a trademark in Turkey?
All kinds of fees to be paid to Turkish Patent and Trademark Office for processes related to trademarks, patents, utility models, designs and geographical signs, including the application and registration process, are published on webpage of Turkish Patent and Trademark Office each year. The fees increase and change every year.
For example, for a trademark application with one nice class the fee to be paid to Turkish Patent and Trademark Office is 2749 Turkish Liras for the year 2023. This fee includes the application and registration fees. The fee to be paid to Turkish Patent and Trademark Office increases for applications to be made with multiple nice classes.
Furthermore, when the process is carried out through a trademark attorney, a separate fee will need to be paid to the attorney. The fees of attorneys change so if you are willing to make a trademark application in Turkey please contact our law firm in order to learn our trademark application and registration fees.
How long does it take to register a trademark in Turkey?
Trademark applications are generally finalized within 8 months following the application and by the end of 8th month, a trademark registration certificate is issued by Turkish Patent and Trademark Office. However registration will take longer than 8 months in several cases.
If, after the publication of a registrable trademark that does not contain any absolute grounds for refusal, third parties may raise their objections to publication of the trademark within 2 months following the publication, client will be obliged to present a counter statement to keep the registration process going on and register his/her trademark. This is one of the incidents that will prolonged the registration procedures.
Similarly, if a trademark containing absolute grounds for refusal is examined by Turkish Patent and Trademark Office and subsequently rejected under Article 5 of the Industrial Property Code, registration process may be prolonged due to the need for the applicant to express their views and objections against the decision of Turkish Patent and Trademark Office in order to enable trademark registration.
What are required documents for trademark application in Turkey?
We will only need you to send our law firm identity and contact information of the trademark owner, trademark sample with 591 x 591 dimensions and 300 DPI resolution, information on the nice classes you want the trademark to be registered, trademark sample in written form if trademark is a word mark. It is important to note that with one trademark application we can enter more than one nice class information however only one trademark registration can be demanded as per Article 11/2 of the 6769 numbered Turkish Industrial Property Code.
Before making the application it is important for your trademark attorney to make a research before Turkish Patent and Trademark database and detect same or similar trademarks so that a strategy can be built by your trademark attorney whether if your trademark can be rejected or not. In some cases this is how we come face to face with aggressor trademarks enabling client to change strategy and directly file an infringement and invalidation lawsuit before the relevant courts rather proceeding with a trademark application.
Reach us for a trademark registration in Turkey Over a decade we have been providing our clients cost-effective services on trademark registration in Turkey. Every client case and their brand recognition is unique to us thus we provide personalized approach to each client’s needs. We recognize that every trademark carries its own significance and value to the brand owner.
By carefully assessing each case, we tailor our strategies to meet the specific requirements of our clients by meticulously reviewing and analyzing all relevant documentation, taking precautionary actions, conducting through trademark searches and prepare accurate applications to maximize the chances of successful registration.
For a free consultation, you may reach our trademark attorneys in Turkey for trademark registration in Turkey through our contact page. We will prepare your trademark application diligently in order to make sure the trademark registration.
