Nov 29, 2023 (Newsletter Issue 10/23)Patent Office to Take Lead in Trademark CancellationsLaw No. 6769 on Industrial Property (“IP Law”) was published in the Official Gazette on January 10, 2017, and the majority of its provisions came into effect on the same date. However, Article 26 of the IP Law, titled "Cancellation Cases and Cancellation Request," was scheduled to come into effect seven years after the publication of the law. Decisions regarding the cancellation of registered trademarks will be made by the Turkish Patent and Trademark Office (“TPTO”) starting from January 10, 2024. Turkish Patent and Trademark Office released a draft regulation on October 20, 2023, regarding the implementation of the cancellation system. The public consultation period for this draft has ended. The aim of this regulation is to align with EU Directive No. 2015/2436 of the European Parliament and EU Regulation No. 2015/2424 of the European Parliament. The amendment is expected to make the trademark cancellation process easier, faster, and more cost-effective.
For more details click here.Source: kplawtr.com Jan 26, 2023 (Newsletter Issue 2/23)Official IP Fees IncreasedOn 31 December 2022, the Turkish Patent and Trademark Office informed in the Official Gazette about the increase of official fees for trademarks, patents, utility models, and designs. The corresponding official fees entered into force on 1 January 2023.
The new official fee for filing a trademark application is TRY 760 per class. The official fee for registration is TRY 1,960.
Source: JAH Intellectual Property, Qatar Dec 16, 2021 (Newsletter Issue 18/21)IP Office Provides Madrid e-FilingAs of December 2, 2021, the Turkish Patent and Trademark Office (TÜRKPATENT) is giving access to the Madrid e-Filing service to trademark applicants via its website. Brand owners will have the possibility to file international applications online.
An integrated key feature includes in-app access to the Madrid Goods & Services Manager that allows users to check the classification of terms in their list of goods and services.
More information on the notice, please click hereSource: www.wipo.int Nov 18, 2021 (Newsletter Issue 16/21)
Trademark Examination Guidelines Extended
The Turkish Patent and Trademark Office has added a new chapter to the guidelines on examination standards for trademark applications. The new chapter concerns the substantive examination standards for the assessment of confusing similarity.
The new chapter covers the topics below:
- the concept of ‘likelihood of confusion’;
- the similarity of goods and services taking into account the role of the Nice Classification;
- the relevant consumers and their level of attention;
- the distinctiveness of the prior trademark;
- the comparison of the signs from an aural, visual and conceptual point of view;
- all the factors to be taken into account in determining the likelihood of confusion (i.e., the similarity of goods/services, the relevant consumers and their attention level, the distinctiveness of the prior trademark and the comparison of the signs); and
- frequently arising situations when assessing the likelihood of confusion between certain types of mark (e.g., names and surnames, house marks, pharmaceutical marks, slogan marks, one-letter marks, two or three-letter marks, colour marks and three-dimensional marks).
The guidelines now consist of 681 pages and include several examples of decisions from the Turkish Patent and Trademark Office, Re-examination and Evaluation Board and courts, as well as decisions from the European Union Intellectual Property Office and Court of Justice of the European Union.
Source: www.gun.av.tr
First published by WTR, Sept. 22, 2021
Nov 19, 2019 (Newsletter Issue 16/19)New Trademark Examination GuidelineOn September 30, 2019, the Turkish Patent and Trademark Office published a new Trademark Examination Guideline that defines the criteria regarding the examination of trademark applications on absolute grounds within the scope of the Industrial Property Code that came into force in 2017.
The main purpose of the Guideline is to update the previous guideline, which was in force since 2011. The new Guideline clarifies the principles of absolute grounds for refusal that are explained in the IP Code and provide consistency in the Office’s decisions.
Within this context, the absolute grounds for refusal that are included between the articles 5(1)(a) and 5(1)(i) of the Law are examined in 12 main sections. The Guideline consists of 379 pages and includes a great number of examples in detail. The examples are given by taking the decisions of the Courts and the Office and also the recent EU developments into consideration.
For more information, please click hereSource: www.gun.av.tr Sep 05, 2019 (Newsletter Issue 12/19)Regulation on Implementation Industrial Property Code AmendedThe Turkish Regulation on the Implementation of the Industrial Property Code has been amended by a regulation published in the Official Gazette on 8 July 8, 2019 (No. 30825).
The requirement of notarised signature declarations for natural persons and notarised signature circulars for legal persons has been abolished for a number of procedures, in particular for withdrawals. This is the case for example, when
- renewal requests are submitted
- trademark and design applications prior to registration are withdrawn
- trademark or design rights after registration are waived
- oppositions before the Patent and Trademark Office are withdrawn
- appeals against the Patent and Trademark Office’s decisions are withdrawn
As a result of the amendments, rights holders and the Patent and Trademark Office now have significantly less paperwork to fill out in most procedures, which should accelerate prcedures under the IP Code.
For more information, please click hereSource: www.gun.av.tr Apr 04, 2019 (Newsletter Issue 5/19)Mediation for IP Disputes with Monetary Claims RequiredOn January 1, 2019, Article 5/A of the Turkish Commercial Code (TCC) came into force, thus mediation became a mandatory procedure for commercial disputes with monetary claims (i.e., payment of a debt or compensation) regardless of the amount in dispute.
Article 4 of the TCC includes disputes arising from intellectual property related matters among commercial disputes. Therefore, in principle, IP-related disputes shall also be subject to the mandatory mediation procedure provided that they involve a monetary claim (payment of a debt or compensation). Lawsuits for the nullity or cancellation of an IP right, or a mere request for the termination of infringement shall not be subject to mandatory mediation. Also, disputes such as oppositions to third party applications or to decisions of the Office are not subject to any mandatory mediation procedures.
For further information, please see the article from Mr Dogukan Berk Aksoy from Aksoy IP, Turkey, which can be accessed hereSource: www.aksoy-ip.com Nov 15, 2018 (Newsletter Issue 19/18)Notification on Common Regulations on Division/Merger of International RegistrationsTurkey informed WIPO that its Office will not present to WIPO requests in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations because the Industrial Property Code of Turkey does not provide for the division nor for the merger of registrations of a mark.
More information on the notification is available here Source: www.wipo.int Oct 11, 2018 (Newsletter Issue 17/18)Official Fees ReducedThe Turkish Patent and Trademark Office (TURKPATENT) reduced some official fees up to 40 percent. New fees were published on September 5, 2018.
The discount covers fees for trademarks, designs and patents. The new official fee for filing a trademark application is TRY 180.00 per class. The official fee for registration is TRY 495.00 which is independent of the number of classes covered.
Source: Istanbul Patent A.S., Turkey and www.turkishipnews.blogspot.com Oct 24, 2017 (Newsletter Issue 18/17)Updated Guidelines for Proof of Use in Opposition ProceedingsOn September 29, 2017, the Turkish PTO (TPTO) published an updated version of the guideline giving more detailed information about non-use as a defense practice.
In the updated guideline it is clearly indicated that the new practice aims to align the Turkish practice to the laws and practice of the EU where the same defense is stated in article 44 of EU Trademark Directive no 2015/2436 and article 42 in EU Community Trademark Regulation no 207/2009.
For further information, please check the article from our Country Index partner OFO VENTURA here
Source: OFO VENTURA, Turkey Jun 28, 2017 (Newsletter Issue 12/17)Guidelines for Proof of Use in Opposition ProceedingsAccording to the New IP Law 2017, the Turkish Patent and Trademark Office (Türkpatent) can ask, at the applicant’s request, for proof of the opponent’s use. If the opponent does not prove its use, the opposition will not be accepted.
Türkpatent has now published guidelines for such proof of use in opposition proceedings assisting both the applicants who shall claim proof of use and the opponents who shall present evidence of use in oppositions proceedings.
The Guideline states that within a one month time frame, the applicant can not only submit his counter arguments but with the same form can also ask the opponent to prove use of the mark upon which the opposition is based. Or alternatively, should the applicant not submit any counter arguments, evidence of such use can be requested by a letter to Türkpatent using the wording provided in the Guideline.
For further information, please check the article from our Country Index partner Ofo Ventura here
Source: Ofo Ventura, Turkey Jan 25, 2017 (Newsletter Issue 2/17)Major Changes in New IP LawThe new Industrial Property Law, Industrial Property Law – Law no. 6769, (hereinafter “New Law”) has gone into effect in Turkey as of January 10, 2017.
The New Law replaces the Turkish Trademark Law (Decree Law No. 556 for the Protection of Trademarks) along with Patent Law (Decree Law No. 551), Industrial Design Law (Decree Law No. 554) and Geographical Indication Law (Decree Law No. 555).
Although the New Law has gone into effect, the previous Turkish Trademark Law will continue to be in effect in relation to processing trademark applications which were filed before January 2017, 10. Trademark applications which were filed on or after January 10, 2017 will be processed within the frame of the New Law.
Some major changes are:
- Introduction of Letter of Consent
- Reduction of opposition period to 2 months for applications filed on or after January 10, 2017
- Recognition of Proof of Use
- Bad faith as explicit ground for opposition and invalidity
- Renewal terms (regular and grace period) are calculated from the actual expiration date of the trademark registrations
- Regulation of cancellation proceedings as administrative proceedings
For further information, please see the article from our Country Index partner Istanbul Patent A.S. which can be accessed here
Source: Istanbul Patent A.S., Turkey
Jan 11, 2017 (Newsletter Issue 1/17)New Industrial Property Law Now in ForceThe New Industrial Property Law has been published in the Official Gazette and went into force on January 10, 2017.
Source: Istanbul Patent A.S., Turkey
Jan 10, 2017 (Newsletter Issue 1/17)Temporary Gap in the LawCurrently there is a temporary gap in the law with respect to non-use cancellation filings of trademarks in Turkey as the Constitutional Court has ruled that Article 14, which regulates use requirements of trademarks, of Turkish Trademark Law, Decree Law no. 556, is unconstitutional because it violated Article 91/1 of the Turkish Constitution. The ruling has been published in Official Gazette and went into effect as of January 6, 2017.
Article 91/1 of the Turkish Constitution regulates that basic rights, including right of ownership, cannot be regulated / limited by Decree Laws. Turkish Trademark Law, Decree Law no. 556, is a Decree Law which was passed by cabinet not by parliament.
However, the Turkish Parliament has already passed a new Industrial Property Law, on December 22, 2016, which will go into force with its publication in Official Gazette. The new law covers trademarks, patents, industrial designs, and will replace the current decree laws regulating these fields. By this, non-use cancellation action will be possible once the new law goes into effect.
The full text of the decision issued by Constitutional Court is available in Turkish on the website of Official Gazette here. The new law, Industrial Property Law, is available in Turkish on the website of Turkish Parliament here.
An article has been provided by our Country Index partner Istanbul Patent A.S. which can be accessed here
Source: Istanbul Patent A.S., Turkey
Sep 13, 2016 (Newsletter Issue 16/16)Electronic Mailbox System for Notifications The Turkish Patent Institute (“TPI”) has launched an optional electronic mailbox system for Trademark and Patent Attorneys to receive notifications. From August 17, 2016, attorneys can log into the mailbox system using e-signatures and electronically sign an undertaking on their first login.
For notifications uploaded to the mailbox system, the receipt date is either:
- The date an Attorney logs into their mailbox, if the login is within ten days of the TPI uploading the notification.
- The tenth day after the TPI uploads the notification, if an Attorney fails to log into their mailbox within this period.
To ensure the system’s reliability and to avoid any possible loss of rights, Attorneys will receive a daily email to their regular email address, containing a list of notifications available in their TPI mailbox.
The TPI mailbox system is optional at this stage and only available to Trademark and Patent Attorneys. Legal entities and natural persons acting on their own behalf will continue to receive their notifications via post and registered e-mail system.
TPI’s announcement can be seen here (only available in Turkish).
Source: Moroğlu Arseven,Turkey
May 18, 2016 (Newsletter Issue 9/16)Final Draft on IP Law IntroducedOn April 6, 2016, the final draft of the "Law on Industrial Property" was introduced to the Turkish parliament. The draft would substantially strengthen the protection of intellectual property rights in Turkey and will replace the current decrees governing intellectual property after its adoption.
The draft law was prepared in accordance with EU law and practice as Turkey works to comply with EU requirements , leading the way for substantial change to Turkey’s intellectual property rights practice for patents, utility models, trademarks, industrial designs and geographical indications.
For more information, please see the contribution of the authors Mine Güner & Canan Aktaş, Esin Attorney Partnership, Member firm of Baker & McKenzie International, Turkey here
Source: Esin Attorney Partnership, a member firm of Baker & McKenzie International, a Swiss Verein, Turkey Mar 02, 2016 (Newsletter Issue 4/16)
Trademark Bulletin Twice per Month Now
The Turkish Patent Institute (TPI) has announced that from February 2016 onward, the Official Trademark Bulletin (Bulletin) will be published twice per month. It was previously published in the first half of each month, on the Turkish Patent Institute’s website.
Trademark oppositions must be filed within three months of the date which a trademark application is published in the Bulletin. Therefore, due to the recent changes, opposition deadlines will now fall into the first or second half of the month, according to the relevant Bulletin’s publication date.
The first bi-monthly bulletin is going to be published on February 29, 2016.
Source: Moroglu Arseven Partners, Turkey
Feb 17, 2016 (Newsletter Issue 3/16)Official Fees IncreasedThe Turkish Patent Institute ("TPI") has increased intellectual fees such as trademark application fees and renewal fees. The fee increase is applicable as of January 1, 2016.
The new official fee for a trademark application is TRY 285 in paper and TRY 190 online per class. The fee for each additional class remains the same, TRY 285 in paper and TRY 190 online. The issuance of a trademark registration certificate is TRY 795 in paper and TRY 530 online.
The complete list of trademark fees can be seen here
Source: www.tpe.gov.tr Dec 08, 2015 (Newsletter Issue 19/15)Official Fees Be Increased SoonThe Turkish Ministry of Finance has announced verbally that the official fees for most intellectual property transactions will be raised at various rates.
The said decision is likely to be effective as from January 1, 2016. This increase will affect all trademark, patent, and industrial design applications filed after said date as well as retroactively for pending applications.
Source: JAH & Co. IP, Qatar Mar 18, 2015 (Newsletter Issue 4/15)
Online Application System Implemented
As of January 18, 2015, the Turkish Patent Institute has enabled all process of online applications via e- signature/mobile signature. For this purpose, amended Requlation has been published in the official Gazette No: 29240 and entered into force on January 18, 2015.
Meanwhile with the amended requlation, “address change fees” has been removed.
Source: www.tpe.gov.tr
Jan 28, 2015 (Newsletter Issue 2/15)Official Fees IncreasedThe Turkish Patent Institute ("TPI") has announced its 2015 tariff schedule for trademark prosecution work. This year, the TPI has introduced different fees for online and physical filings. The increased fees are applicable as of January 1, 2015.
The official fee for a trademark application is TRY 255 in paper and TRY 180 online per class. The fee for each additional class remains the same, TRY 255 in paper and TRY 180 online. The issuance of a trademark registration certificate (regardless of the number of classes) is TRY 625 in paper and TRY 520 online.
Source: Istanbul Patent & Trademark Consultancy Ltd., Turkey Sep 02, 2014 (Newsletter Issue 13/14)Non-Use Cancellation May No Longer Be PossibleOn 9 April 2014, the Turkish Constitutional Court has ruled that Article 42/1 (c), which provides for the non-use of a trademark as one of the grounds of invalidity, is unconstitutional on the grounds that it violated Article 91/1 of the Turkish Constitution.
For detailed information, please see the article on 'Non-use Cancellation of Trademarks may no Longer be Possible in Turkey' from our Silver partner Istanbul Patent & Trademark Consultancy Ltd here.
Source: Istanbul Patent & Trademark Consultancy Ltd., Turkey Jun 14, 2013 (Newsletter Issue 9/13)Online Opposition AvailableOn May 24, 2013, the Turkish Patent Institute (PTO) has made online opposition to published trademarks available.
Other online services like filing for trademark applications are available since 2007. The possibility to file for electronic trademark renewals has been made available on February 4, 2013.
Source: Istanbul Patent & Trademark Consultancy, Turkey Jan 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 Dec 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
Dec 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 Jan 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 Jul 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.
The legal basis of the trademark law in Turkey is Industrial Property Law no. 6769 ("IP Law"), which entered into force on January 10, 2017.
Turkey is a party to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
Trademark protection can be achieved by registration.
Nice classification, 11th edition
Registrable as trademarks are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, holograms, motion marks, colour or colour combinations, 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 types are registrable: trademarks and service marks, collective marks and guarantee marks.
Trademark applications should be filed before Turkish Patent and Trademark Office (TURKPATENT).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A Power of Attorney (PoA) is not required, but TURKPATENT has the authority to request at its own discretion. Besides, a PoA is obligatory in the following cases:
- Partial renewal of trademarks.
- Partial or total withdrawal of trademark applications.
- Partial or total voluntary deletion of registered marks.
- Withdrawal of oppositions and appeals.
Foreign applicants do not need a domestic trademark registration.
The examination procedure includes the formalities examination, the classification examination, and the absolute ground examination including prior right search.
The processing time from initial filing to the registration is approx. 6 to 8 months. The first office action will be issued in 2 to 5 months with regard to absolute grounds examination, 1 to 5 months with regard to formalities examination.
The Official Trademark Bulletin is published twice a month. Once a trademark application passes the examination on absolute grounds, it is published for 2 months.
The trademark is registered at the end of the opposition period, if there has been no opposition filed or if the opposition was successfully defeated, provided that the registration fee is paid.
National:The opposition period is 2 months from the date of publication of the trademark application in the Official Bulletin.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. Trademark registrations are renewable, within six months before the expiration date, for a term of 10 further years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is TRY 760 per class. The official fee for registration is TRY 1,960 for each of the first two classes, and TRY 870 for each further class.
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Jul 03, 2023
Istanbul Patent A.S., Sisli/Istanbul, Turkey