The current trademark laws and regulations of Türkiye are mainly based on the Trademark Law promulgated on November 5, 1995, and the latest revision took effect on January 10, 2017. The Patent and Trademark Office of Türkiye is responsible for the unified management of trademark affairs, and the official language is Turkish. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Türkiye adopts the principle of "use first".
Türkiye is a party to the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty, the Vienna Agreement and other international intellectual property treaties, and has acceded to the Madrid Protocol. Therefore, trademark registration can be handled through "single country registration" or "Madrid international registration".
At present, Türkiye officially adopts the goods and services description of the 11th edition of the Nice Classification and accepts one form of multi category applications. The elements that can be registered as trademarks in Türkiye include: words, names, graphics, three-dimensional signs, color combinations, slogans, sounds, smells, appearances, dynamic pictures, etc. Among them, three-dimensional signs, color combinations, and sounds need to meet specific requirements when applying for registration.
If the applicant does not live in Türkiye, he/she must entrust his/her own special agent. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney;
5. If priority is declared, it is required to provide priority supporting documents and corresponding Turkish translation.
The main process of applying for the registration of Türkiye's trademark is: application - examination - announcement - approval - issuance. The application will be accepted about one week after it is submitted. The Patent and Trademark Office of Türkiye will conduct formal and substantive examination. If the examination fails, it will issue a notice of rejection and request the applicant to reply within the time limit specified in the notice of rejection; Once the review is approved, an announcement will be made, with a 3-month objection period from the announcement date (or a 2-month objection period from the announcement date for applications filed after January 10, 2017). Any interested party or prior right holder may raise objections, with the main reasons for objections being:
1. Conflict with prior trademarks, such as ownership of prior registered trademarks or prior use of unregistered trademarks;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Geographical Indication.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. Under smooth conditions, the trademark registration in Türkiye will take about one year. If there are any objections or rejections encountered during the process, the time will be extended.
The trademark in Türkiye is valid for 10 years after registration, and the validity period starts from the application date; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.