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.

National:
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):
3 months

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.

Recordal
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

Effectiveness
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.

Infringement Proceedings
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.

Search type	First class	Add. class
Word Mark Search (availability)	310,00 €	90,00 €
Word Mark Search (identical)	290,00 €	70,00 €
Extended Search (word mark, company name, domain)	500,00 €	90,00 €
Device Mark Search (availability)	600,00 €	175,00 €
Trademark Owner Search	340,00 €
Company Name Search	250,00 €
Domain Name Search (extended)	72,00 €
i-Search (word mark availability + legal opinion)	375,00 €	150,00 €

The Prices above are S.M.D. Markeur Search Fees