Trademark registration in Turkey

1) DESIGNATIONS REGISTRABLE AS A TRADEMARK

In Turkish law, registrable designations include: words, including personal names. shapes, letters and numerals, shapes of goods or their packaging, slogans, colors, sounds, providing that the designation enables the goods or services of one undertaking to be distinguished from the goods or services of other undertakings and the subject matter of the protection afforded to the proprietor of the trade mark can be shown in the register in such a manner as to enable a clear and unambiguous understanding of the subject matter.

2) THE REGISTRATION PROCESS

The trademark registration process in Turkiye involves the following steps:

1. Filing the application with the Turkish Patent and Trademark Office (TÜRKPATENT);

2. Formal examination by TÜRKPATENT;

3. Publication in the Official Trademark Bulletin;

4. Opposition period (two months) where third parties can oppose the registration;

5. Substantive examination and decision by TÜRKPATENT;

6. Registration and issuance of the certificate if no opposition or after overcoming any opposition.

3) AVAILABILITY OF ACCELERATED TRADEMARK REGISTRATION

Currently, Turkish law does not provide an official accelerated process for trademark registration. The standard registration process must be followed.

4) TRADEMARK REGISTRATION TIMELINE

The entire trademark registration process in Turkey typically takes between 6 to 12 months, depending on the workload of the Turkish Patent and Trademark Office and whether there are any oppositions.

5) TRADEMARK REGISTRATION DURATION AND RENEWAL

A registered trademark in Turkey is valid for ten years from the date of application. It can be renewed indefinitely for successive ten-year periods. Renewal requests must be filed within six months before the expiration date. If this period is missed, renewal can also be made within six months after the expiry of the protection period by paying an additional fee. The renewal shall be deemed effective from the date of expiry of the term of protection, regardless of whether the renewal application was submitted before or after the expiry of the term.

6) IS IT POSSIBLE TO USE A TRADEMARK WHILE REGISTRATION IS PENDING?

Yes, it is possible to use a trademark while the registration is pending. However, the protection rights are limited until the trademark is officially registered.

7) TERMS OF TRADEMARK USE

To maintain a trademark, it must be used genuinely within five years of registration and should not remain unused for five consecutive years. Non-use without legitimate reasons may lead to the cancellation of the trademark. The trade mark must be used within the scope of commercial activities relating to the relevant goods or services. The use of the trade mark must not infringe the trade mark rights of another person or organization.

8) METHODS OF PROTECTING THE RIGHT OF THE TRADEMARK OWNER

Trademark owners can protect their rights by:

• monitoring for potential infringements;
• taking legal action against infringers through civil or criminal proceedings;
• seeking provisional measures such as injunctions;
• utilizing customs measures to prevent counterfeit goods from entering the market;
• recording the trademark with the Customs Authority for additional protection.

Author: Gülendam Tüylüoğlu