Trademark Registration
A trademark is always protected only for the classes of goods and services for which it is registered. You must decide definitely for which products you want to register and use the trademark when applying.
Required Documents For Trademark Registration In Turkey:
a) A petition, the form and contents of which specified in the Implementing Regulations, including information identifying the applicant, (prepared by us)
b) List of the product or services for which the trademark shall be used, (prepared by us)
c) The original receipt documenting the payment of the application fees,
d) Power of attorney,
e) Signature circular where the applicant is a legal person,
f) Documentation of the applicants business activity.
Examination Of Trademark Applications in Turkish Patent Institute:
- Examination as to Conditions of Filing
- Remedying Deficiencies as to Conditions of Filing
- Examination as to Entitlement
- Examination as to Absolute Grounds for Refusal
- Publication of the Application
- Observations by Third Parties
- Opposition
- Examination of the Opposition
- Procedural Matters Related with a Trademark Application
- Registration
The period from filing to registration is 12-15 months includes the stages below unless an opposition or notice of refusal is filed thereagainst: Trademarks Department of the Turkish Patent Institute carries out an examination system, which consists of examination for absolute grounds for refusal and also ex-officio examination for prior rights. If no grounds for refusal is found in the first examination, the application will be published in the monthly Official Trademark Bulletin. Third persons may file oppositions in 3 months time limit following the publication date of the Bulletin.
If there are no oppositions filed within the abovementioned time limit, the application will be registered in the Trademark Register and it will be published in the Official Trademark Gazette. If the application is refused totally or partially in the first examination, the applicant may lodge an appeal to the Institute in 2 months time limit.In this case, the application should be re-examined regarding the appeal. If the appeal is found acceptable, the application will be published totally or partially in the Bulletin, this means that the application may be the subject of a further refusal following an opposition.
For the examination of oppositions and appeals, TPI Trademarks Department has a separate division (oppositions and appeals division). Parties who are not satisfied with the decisions of this division can also appeal to the decisions before the Institute. “Re-examination and Evaluation Board” is the final decisive organ of the Institute; the decisions of the board are open to court actions in 2 months time limit.
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