This blog post is dedicated to the peculiarities of trademark registration in Turkey. In this jurisdiction, the main legislation governing trademarks is the Intellectual Property Act. Criminal proceedings for trademark infringement are under the jurisdiction of the Trademark and Patent Office.
Before you register a TM
Before you enter the Turkish market, the first thing you need to take care of is the name of the product. In some languages, the word we are used to can have a second meaning or be rude. You can check the meaning of a word by searching Google in depth by narrowing the geography. It is even better to consult with a local about the well-being of your brand in Turkic.
It often turns out that the name of your TM is already taken in a certain country. Therefore, it is worth checking it in the registers of Turkish trademarks before registering a Turkish trademark. This can be done by lawyers, however, you can do it yourself. In this case, you need to search for "Trade mark search" and "Trade mark clearance", adding Turkey.
Sometimes it is enough to change the name a little so that it does not conflict with the existing one. In such a situation, you need the advice of a lawyer to assess the changes. The specialists of our company are ready to help you with this.
Usually a trademark is not just a word, but the way it is written, the color and the logo. The more characteristics you register, the wider the protection. In some situations, the best solution is to find a new name.
Be sure to use it!
Like in most EU countries, if the trademark is not used for 5 years, the registration of the Turkish trademark will be canceled automatically. The TM owner will have much work to do to prove the use of his trademark. The following package of documents will be collected and submitted to the regulator:
- information about your local dealer;
- invoices and shipping documents;
- advert materials and the like.
How to register a trademark in Turkey
The procedure for applying for trademark registration in Turkey is simplified as much as possible. Verbal signs require their correct spelling together with a digital representation in JPEG format. You also need the name, address, and contact information of the owner, a list of products or services for which the application is made - everything is very simple and does not take much time. Moreover, electronic application is available, which further simplifies the procedure.
How long does it take to register a TM in Turkey?
The period of registration of a Turkish trademark ends with the issuance of a registration certificate. In other words, the registration of a Turkish TM formally takes effect after the registration fee has been paid. However, the trademark is protected from the date of filing the application, provided that it is properly registered at the final stage.
With the entry into force of the new Industrial Property Law, the deadline for publishing trademark applications in the Official Trademark Bulletin has been reduced to 2 months, which has further accelerated the trademark registration process in Turkey.
TM protection in Turkey
The trademark registered in Turkey is protected by law for 10 years and this protection can be extended in a decade. Renewal of trademark registration in Turkey does not require the submission of any documents indicating the use of the trademark in the country.
Why invest in patent registration?
A business entering a Turkish market, especially if it is a technology company, needs to conduct a patent search to see if the technology infringes on other people's patents (freedom to operate).
It is advised to entrust this to the local patent professional or international specialists whom you trust. Foreign entrepreneurs quite often neglect patents, and then suffer from the results of this decision.
We have provided a brief overview of the main provisions on the registration of a Turkish trademark. If you need to register a TM in Turkey, you should submit the relevant documents to the local IP Office. For more detailed information or if you wish to register a Turkish trademark, you have the opportunity to order a consultation on IP registration in Turkey from experienced legal professionals of our company. Please reach out to us by filling out the contact form below.