TURKEY

Turkey is a signatory to several key treaties and conventions including the Paris Convention for the Protection of Industrial Property and has accordingly adopted the Madrid System, an international system for registration of trademarks. A member of WIPO since 1976, Turkey follows the Ninth Edition of International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement.









Trademark Information

Type of Trademarks:

Marks for goods, Service marks, Production Marks, Associated marks, Series marks, Certification marks, Collective marks, Defensive marks, Quality control Marks, Sound marks or Geographical indication Marks.

Type of Applicant:

Company, Individual or Jointly.

Registrable Elements:

Character, Chinese characters, Figure, Sign, Three-dimensional shape, Claiming color, Claiming priority, Combination of colors, Sound or Motion

Term of Protection:

10 Years from filing date and renewable for 10 years within 6 months before expiry or 6 months after expiry with surcharge.

Priority Deadline:

3 months from the priority application filing date.

Classification:

11th Edition - multiclass application.

Search:

Applicable for Word and Device marks.

Examination:

Formal, Relative grounds and Absolute grounds

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 5 days.

Registration: 8 months

-          Filing to Examination decision 3 months

-          Examination decision to Publication 2 months

-          Publication Opposition Period 2 months

-          Registration to Certificate Issuance 1 month

Renewals: 1 month.

Recordation: 1 month.

Appeal: 2 months.

Opposition: 2 months.

Declaration of Use:

Not applicable.

Consent and Disclaimers:

Acceptable to overcome refusal.

Cancellation Action:

Applicable for Unlawful registration Non-use for a period of 5 years from the Registration before the Trademark office.

Infringement Measures:

Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. 
• Certified copy of the priority document, if priority is claimed. (May be submitted within 90 days from the filing date)

Renewal Requirements:

• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record)

Assignment Requirements:

• Power of Attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly notarized.

License Requirements:

• Power of Attorney simply signed by the Licensee.
• License agreement signed by both parties duly notarized.

Merger / Mortgage Requirements:

• Power of Attorney simply signed.
• Certificate of merger / mortgage duly notarized.

Appeal / Opposition Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Patent Information

Type of Patent:

Patent or Utility patent.

Type of Applicant:

Company, Individual or Jointly.

Validity:

Patents 20 years from the international filing date and Utility patent 10 years from the international filing date.

Annuities:

Paid annually on the anniversary of the international filing date with 6 months surcharge grace period.

PCT Based Filing:

Applicable within 12 months from the International filing date.

Revival:

Applicable within 2 months from due date.

Search:

Applicable for published and granted patents application, registration and grant number

Examination:

Formal, Relative grounds and Absolute grounds.

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 15 days.

Registration: 48 months

-          Filing to Preliminary Examination decision 12 months

-          Substantive Examination Payment to Decision 28 months

-          Publication Opposition Period 6 months

-          Grant to Issuance of Letters 2 months

Recordation: 1 month.

Appeal: 3 months.

Opposition: 6 months.

Cancellation Action:

Applicable for Non-use for a period of 3 years from grant before the Courts.

Infringement Measures:

Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. 
• Deed of assignment signed by both parties duly notarized, if the applicant is not the inventor. 
• Certified copy of the priority document, if priority is claimed. (May be submitted within 90 days from the filing date)

Assignment Requirements:

• Power of Attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly notarized.

License Requirements:

• Power of Attorney simply signed by the Licensee.
• License agreement signed by both parties duly notarized.

Merger / Mortgage Requirements:

• Power of Attorney simply signed.
• Certificate of merger / mortgage duly notarized.

Name / Address Requirements:

• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.

Appeal / Opposition Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Industrial Design Information

Type of Design:

Drawings or Models.

Type of Applicant:

Company, Individual or Jointly.

Validity:

5 years from the international filing date.

Multiple Figures:  

Applicable up to 100 figures.

Annuities:

Renewable for 5 years within 6 months from the expiry date or 6 months after expiry date with Surcharge.

Search:

Applicable by product name, applicant, registrant, designer name and Locarno classification code.

Examination:

Formal, Relative grounds and Absolute grounds.

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 5 days.

Registration: 8 months.

-          Filing to Examination decision 3 months

-          Publication Opposition Period 3 months

-          Registration to Certificate Issuance 2 months

Renewal: 6 months.

Recordation: 1 month.

Appeal: 2 months.

Opposition: 3 months.

Cancellation Action:

Applicable for Non-use for a period of 3 years from grant before the Courts.

Infringement Measures:

Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney simply signed. 
• Deed of assignment signed by both parties duly notarized, if the applicant is not the inventor. 
Certified copy of the priority document, if priority is claimed. (May be submitted within 90 days from the filing date)

Renewal Requirements:

• Power of Attorney simply signed. (Required at the time of filing in case we are not the agent of record)

Assignment Requirements:

• Power of Attorney simply signed by the assignee.
• Deed of assignment signed by both parties duly notarized.

License Requirements:

• Power of Attorney simply signed by the Licensee.
• License agreement signed by both parties duly notarized.

Merger / Mortgage Requirements:

• Power of Attorney simply signed.
• Certificate of merger / mortgage duly notarized.

Name / Address Requirements:

• Power of Attorney simply signed in the new name/address.
• A certificate issued by the competent authorities evidencing the changes duly notarized.

Appeal / Opposition Requirements:

• Power of Attorney simply signed. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Copy Right Information

Not Applicable

Address :

Tatürk Bulvarı No:211/11 06680 Kavaklıdere, Ankara, Turkey.

E-mail :

[email protected]

IP Treaties

Madrid Agreement Paris Convention
Rome Convention Nice Agreement
PCT - Patent Cooperation Treaty Berne Convention
Lisbon Agreement Locarno Agreement
Madrid Protocol Patent Law Treaty
WIPO Convention WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty Budapest Treaty
Trademark Law Treaty Hague Agreement
Strasbourg Agreement Marrakesh VIP Treaty
Singapore Treaty UPOV Convention
Vienna Agreement