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FAQs ABOUT PATENT
Who may file a patent application in Turkey?
Any real person or legal persons who residing or conducting industrial or commercial business or who have application rights under provisions of Paris or Bern Convention or the Agreement Establishing World Trade Organization or who are nationals of states which accord legal and de facto protection to Turkish nationals and who can enjoy according to the reciprocity principle trademark protection in Turkey.
If an applicant has no domicile or business seat in Turkey, a Turkish trademark attorney registered before Turkish Patent Institute must be appointed.
How many routes are there to file an application for invention in Turkey?
There are four routes for filing an application for invention; first of all conventional patent application, secondly conventional utility model application, thirdly validation of a granted European Patent and as last national entry in accordance with Patent Cooperation Treaty (PCT).
Protection period?
For patents granted through a procedure with substantive examination is 20 years from the filing date whereas for non-examined patents is 7 years. 10 years for utility models.
What are the languages used for filing Turkish applications?
Patent applications should be filed in Turkish. Although the description and claim(s) may be filed in English, French or German initially, Turkish translation thereof should be submitted within one month from the date of filing.
Is there an accelerated examination system for patent applications?
No. However, it is important to note that search and examination reports of conventional patent applications have been preparing by agreed patent offices in the name of Turkish Patent Offices and time scale is strictly dependent upon the choice thereof, such as Danish Patent Office, Russian Patent Office, Austrian Patent Office and Sweden Patent Office. Besides, Turkish Patent Office do the same for very restricted patent classification at present and European Patent Office carry out only search reports, not examination reports.
Is it required to use/work a granted patent in Turkey?
The patentee is obliged to put to use/work the invention under patent protection. The obligation to put to use must be realized within three years as from the date of publication of the issue of the patent. On the contrary, any interested person may request the granting of a compulsory license to his possession on the grounds that the patentee did not put the patent, at the time of the request, to use without submitting any justifiable/legitimate reason.
Please contact us for any further inquiries.
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FAQs ABOUT TRADEMARK
How many routes are there to obtain a registered trademark in Turkey?
There are two routes for registering a trademark application, namely;
1. Conventional application
2. Taking advantage of Madrid Protocol.
Is it required to use a registered trademark in Turkey?
Yes. Where a trademark is not used within a period of 5 years from the registration date without a valid reason or where the use of a trademark is discontinued for an uninterrupted period of the same, it shall be cancelled.
The following situations shall be considered use of the trademark:
a) use of the trademark together with different components without changing the distinctive character of the registered trademark;
b) use of the trademark on products or their packaging for export purposes only;
c) use of the trademark together with the permission of the trademark owner and
d) the importation of the product bearing the trademark..
What can be subject to a trademark application?
A trademark may consist of any kind of sign capable of being represented graphically, such as words, including personal names, designs, letters, numerals, sounds, scents, the shape of the goods of their packaging and similarly descriptive elements capable of being published and being reproduced by printing, provided that they shall discriminate the goods or services of one enterprise from those of another. The most important criterium in a trademark is finding the distinctive feature of a product or service from similar products and services.
Who may apply in Turkey?
Any real person (as from April 9, 2005) or legal persons
- residing or conducting industrial or commercial business in Turkey;
- who have application rights under provisions of Paris or Bern Convention or the Agreement Establishing
World Trade Organization;
- who are nationals of states which accord legal and de facto protection to Turkish nationals and
- who can enjoy according to the reciprocity principle trademark protection in Turkey.
If an applicant has no domicile or business seat in Turkey, a Turkish trademark attorney registered before Turkish Patent Institute must be appointed.
Why should I register a trademark in Turkey?
Today, trademarks are more valuable than concrete entities so that the powers of companies are measured with the values of their trademarks rather than the material entities they owned. The protection of a trademark begins with its registration to the name of its owner. The trademarks in Turkey are protected according to the Decree Law, No 556, which has been drawn up in compliance with Paris Convention and which is in force since 1995.
Either product or service enterprises must protect their trademarks with “trademark registration” in order to prevent the third parties to imitate their trademarks, which they use for discriminating their products and services. Trademark registration is the most important and powerful legal way for preventing the use of the exactly same or similar names, logos or distinctive marks as being used.
Once your mark is registered, your mark will always appear when third parties undertake a search for a mark or file an application that is similar to your mark by Turkish Patent Institute, which may serve a dual effect on the safe guard even at the first instance. TOP
FAQs ABOUT DESING
Who may file an industrial design application in Turkey?
Any real person or legal persons
- residing or conducting industrial or commercial business in Turkey;
- who have application rights under provisions of Paris or Bern Convention or the Agreement Establishing World Trade Organization;
- who are nationals of states which accord legal and de facto protection to Turkish nationals and
- who can enjoy according to the reciprocity principle design protection in Turkey.
If an applicant has no domicile or business seat in Turkey, a Turkish patent & trademark attorney registered before Turkish Patent Institute must be appointed.
How many routes are there to file an application for invention in Turkey?
There are four routes for filing an application for invention, namely;
- Conventional single or multiple design application and
- Taking advantage of Huge agreement
Protection period?
The protection period for a registered industrial design is 5 years and should be renewed every 5 years for 4 times for the extension of protection upto 25 years.
Is a grace period available in terms of exceptions to the lack of novelty of designs?
Yes. In the circumstances below, disclosure of information which otherwise would affect the patentability of an invention claimed in the application shall not affect the patentability of that invention where the information was disclosed, during the 12 months preceding the date of filing or, where priority is claimed, the date of priority of the application:
a) by the inventor,
b) by an office when the information was contained (1) in another application filed by the inventor and which application should not have been disclosed by the office, or (2) in an application filed without the knowledge or consent of the inventor by a third party which obtained the information directly or indirectly from the inventor or,
c) by a third party which obtained the information directly or indirectly from the inventor.
Is there an accelerated examination system for design applications?
No.
Is it required to use/work a registered design in Turkey?
No.
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