01-18-2013 (Newsletter Issue 1/13)Official Fees IncreasedThe Turkish Patent Institute (PTO) has increased its official fees.
The official fee for a trademark application is now TRY 150.00 (approx. EUR 64.00) for a single class and TRY 150.00 for each additional class. The official fee for issuing the certificate of registration is now TRY 450.00 (approx. EUR 191.00).
Source: Moroglu Arseven Law Firm, Turkey and AZe Marka Patent Ltd., Turkey
12-04-2012 (Newsletter Issue 18/12)
PTO Announced Reforms
The Turkish Patent Institute (PTO) announced that they undertake significant reforms.
The overall process for trademarks, patents and industrial designs will be shortened, and the certificates of registration for trademarks will be issued online. Notifications to be issued by the Patent Institute will be sent online, and all petitions of opposition, response and appeal will be also filed online.
The process of trademark registration will be shortened to be seven months instead of 12 months.
In addition, the Registry is planning to publish trademark applications on a daily basis as applied by the Office for Harmonization in the Internal Market (OHIM) rather than publishing monthly trademark bulletins.
Source: www.tpe.gov.tr and AGIP, Turkey
12-01-2011 (Newsletter Issue 14/11)Change of Practice in Class 35Although Turkish Patent Institute (Turkish PTO) accepts specifications for retail services with the reference to the goods or types of goods to which those services relate in international applications designating Turkey, it did not accept such specifications which provide details with regard to the goods or types of goods to which those services relate in local applications until 19th October 2011.
Before 19th October 2011, Turkish PTO used to amend all types of retail service specifications with the exact wording of the explanatory notes to class 35 of the NICE Classification, which is “the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods”.
The Turkish PTO has changed its practice with regard to retail services specifications with an announcement which was published in Official Gazette on 19th October 2011 and has gone into effect in the same day. The said announcement may be seen at the official website of the Gazette here
Now, specifications for retail services with the reference to the goods or types of goods to which those services relate are accepted in Turkey. In addition, the exact wording of the explanatory notes to class 35 for retail services also continue to be accepted in trademark applications.
Source: Abdurrahim Ayaz, Istanbul Patent & Trademark Consultancy, Ltd., Istanbul, Turkey
01-01-2011 (Newsletter Issue 1/11)Official Fees ReducedThe Turkish Patent Institute has reduced the official trademark fees effective from January 1st, 2011.
The official fee for a trademark application is TRY 120.00 (approx. EUR 59.00) for a single class and TRY 120.00 for each additional class.
The official fee for issuing the certificate of registration is TRY 400.00 (approx. EUR 197.00).
Please check the official fees here
Source: Istanbul Patent & Trademark Consultancy, Ltd., Turkey
07-30-2009 (Newsletter Issue 2/09)
Shorter Processing Times
The processing time of a trademark application is approx. 10 to 12 months. The first office action with regards to absolute ground examination is issued in 2 to 5 months, and 1 to 2 months with regard to formalities examination.
Legal basis is the Decree Law No. 556 on the protection of the trademarks of November 5th, 1995 (last amended January 28th, 2009 by The Law on Amendment of the Decree Law no. 556 no. 5833).
Turkey is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 10th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, holograms, combinations or shades of colours, the three-dimensional form of a good or its packaging and any combination of the mentioned signs, including sound marks graphically represented, but no olfactory marks.
The following trademark types are registrable: trade marks and service marks, collective marks and guarantee marks.
The application is filed at the competent National Patent Office (TPE).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior identical or confusingly similar trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 10 to 12 months. The first office action with regard to absolute ground examination is issued in 2 to 5 months, and 1 to 2 months with regard to formalities examination.
The trademark application is published in the monthly “Resmi Markalar Bülteni”.
The trademark is registered at the end of the opposition period, if no opposition was filed or if the opposition was successfully rejected, provided that the registration fee is paid.
The opposition period is 3 months from the publication date of the application. The opposition period against the Institute's rejection decision is 2 months starting from the notification date of the provisional refusal.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
If the trademark has not been used within 5 years from registration, it may be subject to cancellation. The relevant provision in Turkish Trademark Law (Decree Law No. 556) is Article 14 and 42 (c). Subsequent use of the trademark can restore protection if no party has requested cancellation due to non-use in the meantime.
The official fee for a trademark application is TRY 150.00 (approx. EUR 64.00) for a single class and TRY 150.00 for each additional class. The official fee for issuing the certificate of registration is TRY 450.00 (approx. EUR 191.00).
Trademark Licence Agreement
In Turkey a trademark licence agreement has to be in writing for purposes of recordal before the Turkish Patent Institute (TPI). Licensing of unregistered marks is permitted, but such licences may not be recorded and are effective solely between the parties. A licence of a registered trademark can be restricted to some of the goods or services listed in the registration. It can be exclusive or non-exclusive. A licence can be made effective for a part of the territory covered by the registration. It can also be made with or without time limitation. If it is without time limitation, this should be specified in the licence agreement. The sale of a registered trademark does not automatically terminate the licence. There are no statutory provisions prescribing the terms of licensing.
There are provisions in law for the recordal of a licensee. The recordal of a licence is not mandatory, but in order to have effect against third parties a licence has to be recorded. There is no time frame for a recordal. There is no prescribed form, however the agreement shall bear the signatures of both parties. The signatures are not required to be notarised, but this is advisable.
There is no standard content for a licence agreement but the agreement shall specify:
1. The trademark(s) to be licensed by indicating their current registration numbers
2. The goods which are to be licensed. In the event that all the goods protected under the licensed trademarks are covered by the licence, this must be specifically indicated.
3. Whether royalties are payable in terms of the licence
4. The terms and conditions of trademark use (The parties can freely determine these terms and conditions.)
5. The duration of the licence agreement and the conditions for termination (If the licence agreement is concluded for an indefinite duration, then the agreement shall expressly state so.)
The following document is required for a recordal:
1. A simply signed power of attorney in the name of the licensee or the licensor
A licence agreement becomes effective and enforceable against third parties upon registration before the Turkish Patent Institute (TPI). Publication of the licence agreement is not required.
There is an evidentiary presumption that use of a recorded licensee is permitted use. The licensee may join the trademark owner in infringement proceedings and he may call upon the owner to institute infringement proceedings. The licensee is entitled to institute infringement proceedings in his own name if the proprietor refuses or neglects to do so for three months after having been called upon by the licensee through a notary public. He is not required to cite the trademark owner as co-defendant in any such proceedings.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
|Word Mark Search (availability)
|Word Mark Search (identical)
|Extended Search (word mark, company name, domain)
|Device Mark Search (availability)
|Trademark Owner Search
|Company Name Search
|Domain Name Search (extended)
|i-Search (word mark availability + legal opinion)
The Prices above are S.M.D. Markeur Search Fees
We would like to thank the following law firms for their assistance in updating the information provided:
04-26-2012Istanbul Patent & Trademark Consultancy, Ltd.
, Sisli / Istanbul, Turkey
Deris Patents & Trademark Agency A. S., Istanbul, Turkey
01-09-2012Moroglu Arseven Law Firm
, Istanbul, Turkey
Deris Patents & Trademark Agency A. S., Istanbul, TurkeyLicensing
Deris Patents & Trademark Agency A. S., Istanbul, Turkey