SBLAW would like to introduce some information about trademark in Turkey, this information is from IP letter of Libra Patent.
New Turkish Trademark Law (6769 numbered IP LAW) has been enacted at the beginning of 2017 in TURKEY and there are several new implementations which are very important to protect your trademarks.
So, the following points are the major points that shall be taken into consideration while trademark registration process and afterwards;
TURKEY is NOT a member of EUROPEAN UNION and national or WIPO applications shall be filed for protection.
MULTI-CLASS REGISTRATIONS are possible in TURKEY.
LETTERS OF CONSENT are accepted to overcome the citation of the identical / similar trademarks (as started with the new IP Law.)
“RETAIL SERVICES IN CLASS 35” shall be defined in details including the goods which are ought to be sold, otherwise the application is refused for these services.
TURKISH PATENT examines the new applications for confusion with the prior trademarks but currently mostly identical trademarks are taken into consideration and even there is a small difference, the new application is accepted and published. So, PUBLISHED TRADEMARKS SHALL BE WATCHED to avoid the registrations of very similar trademarks.
Applicants of published applications can request PROOF OF USAGE from the opponents if their trademark is 5 or more years old, and if the proof cannot be presented, the respective trademarks are not taken into consideration in the examination of the opposition. (as started with the new IP Law.)
When oppositions are filed against the applications, Turkish Patent informs the applicants and applicants can file their replies in 1 month time (and may request proof of usage.) However, Turkish Patent does not send any notification for WIPO filings to the applicants about the oppositions and just examines the oppositions and decide.
Extensions of time are NOT possible in Turkey for the deadlines. (but supporting additional petitions can be filed for the oppositions.)
Trademarks are vulnerable for NON-USE CANCELLATION if they are not used during the last 5 years.
Most of the procedures (applications, registrations, oppositions, renewals, assignments, mergers etc.) are completed with online action and usually the originals of the documents are not required. But, the original shall be filed if Turkish Patent Office requests in case of doubt.
Renewals were possible until the end of the respective month in the previous law but it is changed. Trademark renewal shall be done until the exact date when it is actually due.
