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A trademark, provided that it is capable of distinguishing the goods and services of one undertaking from the goods and services of other undertakings, may consists of all kind of signs being represented graphically such as words, including personal names, designs, letters, numbers, shapes of goods or their packaging and similarly descriptive means capable of being published and reproduce by printing.

Decree-Law 556 on the protection of trademarks, which entered into force on June 27 1995, is the main legislation governing trademarks and includes a registered trademark protection system for goods and services, including guarantee marks and joint Marks in Turkey. Both good and services can be included in one application totally upto 45 classes, the last 11 of the classes especially for services.

Paris Convention on the protection of industrial property (1925)
Nice Agreement concerning the international classification of goods and services for the purpose of registration of marks (01.01.1996)
Vienna Agreement establishing an international classification of the figurative elements of marks (01.01.1996)

Protocol relating to Madrid Agreement (01.01.1999)

Trademark Registration Stages

The trademark registration period takes 12-15 months from filling application formin Turkey and KC PATENT chases your files during all of this period. The Turkish Patent Institute examines all applications with resptect to the filing requirements, absolute grounds for refusal or over the earlier identical or confusingly similar trademark applications/registrations for the goods or services concerned within 6-8 months. If there isn’t any inconvenience, the Institute issues a notice of refusal and invites applicant to prepare a response in 2 months. If the Institute’s decision is again negative and appealed by the applicant, then the Institute’s Appeal Board, namely Re-examination and Evaluation Board, examined it and issued a final decision within 8-12 months, which may be further appealed before the Turkish IP court in Ankara. In the affirmative, it will be published for the opposition of third parties for 3 months in Official Trademark Bulletin. Application will be registered within 2-3 months upon the payment of registration fee provided that no opposition is received.

Any interested party may oppose a trademark application during the three months period of file’s publication. The Institute’s Appeal Board, namely Re-examination and Evaluation Board, is directly responsible for the opposition cases, issues an official letter to the applicant informing the opposition but decides by its own initiative within generally 8-12 months. Decision of the Appeal board is final and may only be appealed before the Turkish IP court in Ankara.In case of opposition, KC PATENT consider that oppositions and pleads for your trademark file to Turkish Patent Institute.

The protection period for a registered trademark is 10 years and should be renewed every 10 years for the extension of protection and KC PATENT consider your renewal procedure instead of you. The renewal period of a trademark begins 6 months before the expiration date. Afterwards, they may also be renewed within 6 months by paying fine.

As a noteworthy regulation in Turkish Trademark Act, there has been also defined that, for a period of two years from the termination of the protection of a trademark for failure to renew, another identical or similar trademark application for identical or similar goods or services shall be refused where an objection is raised. In such a case, a grace period of two years therefrom is still defined for the trademark owners to re-file their lapsed trademark by filing a new trademark application, introducing somehow a priority right for the trademark holders.

Additionaly it is not required to file an evidence of use to the Turkish Patent Institute, however, a registered trademark should be used in Turkey within 5 years from the registration date to avoid any trademark cancellation action that may be initiated by other parties before the Turkish IP Court. The same is also valid where the use of the trademark is discontinued for an interrupted period of five years.

Assignments and mergers should be recorded in the Institute in order to have an effect vis-à-vis third parties. Besides, it is important for foreign right owners to note that the Courts will issue a notice of invitation directly to the registered address, i.e. in case a trademark cancellation lawsuit basing on non-use is filed thereagainst.