TURKEY - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge

Classification:

The International Classification of Goods and Services (9th Edition) is followed. A single application may include several classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 3 months from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years after registration date.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for registrations only.

License:

License recordation is not compulsory to be effective against third parties and May be recorded for registrations only.

Merger:

May be recorded for registered marks.

Change of Name/Address:

May be recorded for registered marks.

Time Frame:

Conducting search is between 5 to 7 working days, Registration/Renewal process is within 06 to 09 months and Recordation process within 05 to 08 months.

Filing Requirements:

  • Simply signed Power of Attorney.
  • A priority document if priority is to be claimed.

Renewal:

  • Simply signed Power of Attorney (in case we are not the agents of record).

Assignment:

  • Simply signed Power of Attorney by the assignee.
  • Deed of assignment signed by the both parties duly legalized up to the Turkish Consulate.

License:

  • Simply signed Power of Attorney by the licensee.
  • License agreement signed by the both parties duly legalized up to the Turkish Consulate.

Merger:

  • Simply signed Power of Attorney.
  • Certificate of merger duly legalized up to the Turkish Consulate.

Change of Name/Address:

  • Simply signed Power of Attorney in the new name/address.
  • Certified Certificate of change of name/address.

Protection Term:

The term of protection is 20 years.

Annuities:

A maintenance fee is due annually on the anniversary of the international filing date and is payable before the granting of the patent. There is a 6-month grace period for late payment with a surcharge.

Opposition:

Oppositions may be filed within 6 months from publication date of the search report.

Search:

It is possible for granted and published inventions in the Official Gazette to be searched by subject matter, patentee name, title, and international classification.

Examination:

As to form, novelty, inventiveness and industrial applicability.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 3 years following the publication date of the patent, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required. However, disclosure of an invention without the knowledge or the consent of the inventor shall not be taken into consideration if it occurred within the 12months preceding the filing date of the patent application.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Deed of assignment from the inventors.
  • A priority document if priority is to be claimed.
  • For PCT copy of application and publication.

Assignment:

  • Simply signed Power of Attorney by the assignee.
  • Deed of assignment signed by the both parties duly legalized up to the Turkish Consulate.

License:

  • Simply signed Power of Attorney by the licensee.
  • License agreement signed by the both parties duly legalized up to the Turkish Consulate.

Merger:

  • Simply signed Power of Attorney.
  • Certificate of merger duly legalized up to the Turkish Consulate.

Change of Name/Address:

  • Simply signed Power of Attorney in the new name/address.
  • Certified Certificate of change of name/address duly legalized up to the Turkish Consulate.

Protection Term:

5 years from filing date.

Examination:

As to form and novelty and distinctiveness.

Renewal:

For two consecutive terms of 5 years.

Annuities:

payable annually.

Applications with Multiple Figures:

Admissible.

Filing Requirements:

  • Power of Attorney simply signed and sealed.
  • Statement indicating the specific date of disclosure of the industrial design to the public.
  • A priority document if priority is to be claimed.

Assignment:

  • Simply signed Power of Attorney by the assignee.
  • Deed of assignment signed by the both parties duly legalized up to the Turkish Consulate.

License:

  • Simply signed Power of Attorney by the licensee.
  • License agreement signed by the both parties duly legalized up to the Turkish Consulate.

Merger:

  • Simply signed Power of Attorney.
  • Certificate of merger duly legalized up to the Turkish Consulate.

Change of Name/Address:

  • Simply signed Power of Attorney in the new name/address.
  • Certified Certificate of change of name/address.