Trademark Registration in Turkey

Trademark Registration in Turkey: Trademark Law in Turkey

Turkey is a strategic crossroad between Europe and Asia – a flourishing market for all-sized businesses. If you plan to expand your business with a Turkish trademark registration, keep reading to know all the details. Discover the legal particularities and necessary steps for the basic registration of your trademark.

Patent vs Trademark in Turkey: Understanding the Terms

Trademark is a legal protection of your brand, presented by logos, symbols, and words. However, there is still confusion between a brand, a patent, and a trademark. Here is how it works in Turkey and all over the world. A patent is a legal protection of your invention. For example, you developed a new technology – you need to register it, and no other people or company can use it.

The brand is rather a complex set of associations and psychology of your company. It is not published in a trademark gazette, it doesn’t protect your goods or services, yet no one can apply for a refusal. Any person can create the same brand with no legal difficulties. For example, if “Amazon” was only a brand of goods and services without registration of marks, anyone could create a brand “Amzon”, “Amazone”, and so on. Meanwhile, if your trademark registration is valid, no one can use symbols and names, even approximately close to your TM. Thus, if you want to use the trademark as a legal protection measure, you should definitely be interested in a trademark application in Türkiye.

Trademark Registration Process in Turkey: Step-by-Step Guide 

Registration for trademarks involves several steps. It can be even more difficult when you register a trademark abroad. See how to do that and what steps are involved.

Register Your Trademark in Turkey with the Attorney

First, you may need a lawyer for the whole procedure. In Turkey, it is not obligatory. While some countries require a legal representative among locals, it is not necessary in Turkey. But think of it carefully. You have to conduct research in a foreign country, use documents in the Turkish language, and know all the local particularities. It is highly recommended to hire an attorney. Also, you should make an attorney your representative and allow them to act on your behalf. After that legal procedure, your attorney will represent you and your legal rights.

Trademark Search 

The next step is to conduct a high-quality search. See how it works – in Turkey, search is not obligatory. You can file an application straight away. However, it is provided that the trademark with no prior search is less likely to be approved. You may unconsciously copy someone’s TM elements. Bonamark experts highly recommend conducting research. Moreover, it is free.

Prepare Papers to Register Your Trademark in Turkey

Before filing the trademark application, you also need to prepare papers. It is possible to register a trademark with the following documents:

• Application form. It includes such information as a company’s address, owner name, and so on.
• Representation of the TM. These are logos, symbols, slogans, and other vital elements.
• List of goods and services. There you provide information on your intellectual property rights, goods, and services you offer.

Additionally, your attorney may prepare a “proof of priority” paper. If your TM is already registered in some countries (especially those that use the Madrid system), it serves as a priority from the trademark office to you.

Apply to the Turkish Patent and Trademark Office

The next step is application or registration. You send all the documents to the local office. Since that moment, you officially file a trademark application and the process of approval or denial begins. The process may be take up to 7 months  from the date of application.

Further Steps After Trademark Registration in Turkey

Let’s assume you received a certificate of registration. Congratulations! After that, your mark will be officially published in the trademark bulletin – in Turkey, it is issued by the Turkish Patent and Trademark Office (TPE). An official trademark bulletin serves as proof that your TM is officially recognized and protected.

After that, you should be prepared for such procedures as renewal. The thing is that your trademark is registered for ten years from the date of registration. After that, you should renew it.

Trademark In Turkey: Understand Local Laws and Madrid Protocol

There are some local particularities to know as well. First of all, you have two ways to apply and be published in the official trademark gazette:

1. Local application. If you are only interested in conducting business in Turkey, it is a good idea. Such an application is cheaper, and you only need to follow the local rules – sure, the attorney will help.

2. International registration via the Madrid system. Since 1998, Turkey has been one of the official members of the Madrid trademark system. This is an international organization, covering 120 countries all over the world. Since 1989, it has served as a global hub for trademarks. When you receive approval from the Madrid system members, your trademark can become officially protected in up to 120 countries (there is a fee per each country). It is a perfect way for an international company to speed up the registration process.

There are other local regulations to consider.

What Elements are Included 

What elements of a trademark can be officially registered? In Turkey, there are several things:

1. Logo. It is your official symbol. No one can copy it or use a similar picture.
2. Words. This is your slogan, like “Just do it” for Nike or “I’m loving it” for McDonald’s.
3. Sounds. You can register a full song or a distinctive sound element.
4. Shapes and color. This is your brand’s color scheme.
5. Generic terms. These are recognizable collocations and idioms that are associated with your brand.

Remember – more elements mean more difficult registration. You should have indeed unique visuals and logos to be officially recognized.

Trademark Duration 

Your trademark in Turkey is active for a period of ten years. When 10 years after registration passes, you have to renew the trademark.

Trademark Classes

When registering a trademark, you also should mention the TM classes. These are groups of goods and services you provide. In Turkey, there are 45 official trademark classes. The first 34 are goods, and the last 11 are services. Filing the appropriate classes is your key to success, so delegate this procedure to your Turkish trademark attorney.

If your company conducts several services, a multi-class trademark application is also possible.

Registration of a Trademark Cost: Calculating Expenses

Since the registration is valid for 10 years, it is reasonable to pay an additional $300-$600 for a legal representative. But there are other costs as well:

• Trademark fees. Official fees are necessary in any country. Taxes for a trademark may differ from one region to another, but they are usually similar in countries of the Madrid agreement.
• Attorney cost. This is your price for comfort and high-quality application. Without an attorney, your local application or an application through the Madrid agreement may be extended to several months or years.

Luckily, a TM search is free with Bonamark. Also, the registered trademark via a Bonamark attorney includes all the costs, including even fees, so you may not worry about it. What is not included is opposition. You should know how this system works and be prepared. So, keep reading.

Trademark Opposition and Challenges 

A lawyer should also care about your trademark protection in Turkey. On your part, you should also understand how this process works and be prepared to protect your local or world intellectual property.

The World Intellectual Property Organization and the Turkish Patent and Trademark Office carefully examine each application and see if it doesn’t contradict previously registered marks. If a similar trademark exists, your file will be denied. But there is another difficulty. The third party may have a trademark for similar goods and apply for the opposition. It means that the company will challenge you and try to prove you have no right to receive a TM. Here is how it works: the third party applies an opposition and explains why you cannot receive a mark. After that, the trademark office (TPE in Turkey) regards the opposition and decides who is right. The thing is that even research cannot help in preventing it. The opposition may not even have a trademark you apply for. It can be a company with the “proof of priority” or an organization that owned this mark long ago. The priority is often given to local Turkish companies, so protecting yourself may be difficult.

In such a situation, having a Turkish attorney is a must. With the help of a specialist, you can try to prevent such situations, apply all the local norms, and protect yourself in the future.