TRADEMARK REGISTRATION IN TURKEY

1. Introduction

Trademark registration is a crucial step for businesses and individuals seeking to protect their brand identity and ensure exclusive rights over their distinctive signs. A registered trademark grants legal recognition and protection, preventing unauthorized use by competitors and enhancing the brand’s reputation and market value. It serves as a powerful tool for distinguishing goods or services from those of others, fostering consumer trust and loyalty. Additionally, trademark registration provides a legal basis for enforcement, allowing the owner to take action against infringement and counterfeiting. In a competitive market, securing a registered trademark is essential for safeguarding intellectual property and maintaining a strong brand presence.

2. Definition of Trademark

A trademark may consist of any sign, including words, shapes, colors, letters, numbers, sounds, and the shape of goods or their packaging, including personal names, provided that it enables the goods or services of one undertaking to be distinguished from those of other undertakings and can be represented in the register in a clear and precise manner to ensure that the subject matter of the protection granted to the trademark owner is understood.

3. Registration of a Trademark in Turkey

The Turkish Patent and Trademark Office (TÜRKPATENT) is the competent authority responsible for trademark registration in Turkey. The Industrial Property Code No. 6769, which came into force in 2017, regulates trademarks, patents, designs, and geographical indications. Turkey is also a party to international treaties such as the Paris Convention and the Madrid Protocol, enabling the protection of trademarks on a global scale.

a. Requirements for Trademark Registration

To register a trademark in Turkey, an applicant must ensure that the mark is distinctive, not misleading, and does not infringe upon existing trademarks. Trademarks can consist of words, shapes, colors, letters, numbers, sounds, and even the shape of goods or their packaging. The applicant can be an individual or a legal entity, and both Turkish and foreign applicants are eligible to apply.

b. Application Process

• Preliminary Search: Before filing an application, a trademark search is advisable to check for potential conflicts with existing trademarks.
• Filing the Application: The applicant submits a trademark application to TÜRKPATENT, including details such as the trademark representation, applicant’s information, and the list of goods or services under the Nice Classification.
• Formal Examination: TÜRKPATENT reviews the application to ensure compliance with formal requirements.
• Substantive Examination: The trademark is examined for distinctiveness and potential conflicts with prior registrations.
• Publication and Opposition: If no absolute grounds for refusal are found, the trademark is published in the Official Trademark Bulletin for opposition by third parties within two months.
• Registration and Certification: If no oppositions are filed or successfully overcome, the trademark is registered, and a certificate of registration is issued.

c. Duration and Renewal

A registere trademark in Turkey is valid for ten years from the application date and can be renewed indefinitely for successive ten-year periods upon payment of renewal fees.

4. Benefits of Trademark Registration

Exclusive Rights: The owner has the exclusive right to use the trademark and prevent unauthorized use.

Legal Protection: Registration provides a legal basis for enforcement against infringement and counterfeiting.

Brand Value and Recognition: A registered trademark enhances brand identity and consumer trust.

International Protection: Through treaties like the Madrid Protocol, Turkish trademarks can be protected internationally.

Commercial Advantage: A registered trademark can be licensed, franchised, or sold, generating financial benefits.

5. Conclusion

Trademark registration in Turkey is essential for businesses aiming to secure their brand identity and gain legal protection against misuse. With a structured registration process under the Industrial Property Code No. 6769, trademark owners can safeguard their rights, enhance brand value, and establish a competitive edge in both national and international markets. By securing a registered trademark, businesses can ensure long-term growth and protection in the evolving commercial landscape.

As Ankara Law Office, we have successfully provided services to numerous clients in the processes of company formation and subsequent trademark registration for foreign investors in Turkey. Working with an international law firm that has English-speaking lawyers is of great importance for effectively managing the process.

Trademark Registration in Turkey: Frequently Asked Questions

How long does it take to register a trademark in Turkey?

A standard trademark application typically takes 6-8 months to proceed from filing to registration, provided there are no objections. The timeline includes:

• Examination stage: 2 months
• Publication stage: 2 months
• Decision phase: 2 months (if no opposition is filed)
• Registration & certification: 1-2 months

If an opposition or an ex-officio rejection occurs, the process may take an additional 6-8 months, plus additional time for appeals.

What documents and information are required to obtain a filing date?

To secure a filing date, the following must be submitted:

• Applicant’s identity details (name/title and address)
• Sample of the trademark (minimum 512×512 pixels, 300 DPI resolution)
• List of goods and services
• Payment of the official filing fee

If any of these requirements are incomplete, the applicant will receive a deficiency letter and must provide the missing information within two months. The filing date will be adjusted to when all necessary details, including payment, are completed.

Can trademark applications cover multiple classes (multi-class applications)?

Yes, applicants can file trademarks covering multiple classes. There is no limit to the number of classes claimed (up to 45), but an official fee must be paid for each class.

How are official trademark application fees calculated?

Fees are based on the number of classes included in the application. The first and second classes have the same fee, while the third and additional classes have slightly higher fees. The type of trademark (color, device, word, 3D, etc.) or the legal nature of the applicant does not impact the filing fee.

Is there an advantage to filing a national trademark application instead of an international one?

While national and international trademark registrations offer the same level of protection, Madrid Protocol designations have some disadvantages:

• The Madrid registration process can take up to 18 months, whereas a local Turkish trademark application may be completed in 4-6 months (if unopposed).
• TURKPATENT does not notify applicants of oppositions in Madrid applications, limiting the ability to respond.
• Applicants cannot file a non-use defense against opposing trademarks if they are over five years old.

Is translation/transliteration of a trademark into Turkish required?

Turkey uses the Latin alphabet. Trademarks in Latin script are registered as they appear in their original language. However, trademarks in non-Latin scripts (e.g., Cyrillic, Chinese, or Japanese) must be transliterated into Latin characters for registration.

What is the definition of a trademark under Turkish law?

According to the Turkish Industrial Property Code, trademarks include words, personal names, figures, colors, letters, numbers, sounds, and the shape or packaging of goods, provided they distinguish one entity’s goods or services from another’s and can be represented clearly in the registry.

Can non-traditional trademarks (3D, sound, odor, motion) be registered?

Yes, but the registration process is challenging. Such trademarks are often initially refused, requiring the applicant to file an appeal and prove acquired distinctiveness in the Turkish market.

Can color marks be registered? Although possible, obtaining registration for a single-color trademark is extremely difficult. The applicant must demonstrate that the color has acquired distinctiveness in the market. Protection is only granted for a color alone, not when combined with words or figurative elements.

Is it necessary to describe a trademark when filing?

No, a trademark description is not required.

What are the pros and cons of registering a trademark in color vs. black & white?

Black & white trademarks offer more flexibility in use. Turkey follows EUIPO practice, which allows a color change without altering the distinctive character, provided:

• The word/figurative elements remain unchanged.
• The contrast and overall distinctiveness are preserved.
• The color itself is not inherently distinctive.

How long is the publication period for trademark applications?

Applications are published for two months in the Turkish Trademark Bulletin for opposition.

Is appointing a Turkish trademark agent mandatory?

• Residents of Turkey (individuals or entities) can handle trademark matters directly.
• Non-residents must appoint a Turkish trademark agent for all proceedings.

How is priority handled under Turkish law?

Priority can be claimed based on an earlier application in a Paris Convention or WTO member state within six months of the first filing. The priority claim must be filed with the Turkish application, and the priority certificate (translated and notarized) must be submitted within three months.

Which classification system does Turkey use?

Turkey follows the Nice Classification system for goods and services.

How do applicants specify goods and services in a trademark application?

Applicants can either:

1. Use TURKPATENT’s standard class headings.
2. Provide a specific list of goods and services. If the list is vague, TURKPATENT may request clarification, delaying registration.

Are there special requirements for retail services (Class 35)?

Yes, broad terms like “a variety of goods” are not allowed. Applicants must specify the exact goods covered by the retail service.

Can errors in trademark applications be corrected?

Minor spelling or typographical errors can be corrected upon request, but fundamental changes (e.g., altering the trademark itself or the list of goods/services) are not allowed.

Does TURKPATENT conduct an ex-officio examination of trademark applications?

Yes, TURKPATENT examines applications on absolute grounds, including checking for identical or highly similar earlier trademarks. If a similarity is debatable, the application proceeds to publication, where third parties can oppose it.

What signs cannot be registered due to absolute grounds for refusal?

Prohibited signs include:

• Generic or non-distinctive terms
• Descriptive marks
• Identical or confusingly similar trademarks
• Functional shapes
• Misleading or deceptive signs
• Religious, political, or offensive symbols
• Registered geographical indications

Can refusals based on absolute grounds be overcome?

Yes, if the applicant proves that the mark has acquired distinctiveness in Turkey. Additionally, refusals based on earlier trademarks can be overcome with a notarized Letter of Consent from the prior trademark owner.

Can applicants appeal a refusal?

Yes, applicants can appeal a refusal within two months of notification. Appeals must include all arguments and evidence, as no further submissions are allowed after filing.

What is required for trademark registration once all stages are completed?

The registration fee must be paid within two months of the decision. The electronic registration certificate is issued approximately two months after payment.

What is the duration of trademark protection in Turkey?

A registered trademark is valid for 10 years from the application date and can be renewed indefinitely in 10-year increments.

Is proof of use required to maintain a registered trademark?

No, there is no mandatory use declaration. However, non-use for five consecutive years may be grounds for cancellation in opposition or invalidation proceedings.

Leading Law Firm in Ankara with International Expertise

Ongur & Partners is a prestigious ankara law firm based in Ankara, Turkey, known for its excellence in providing legal services to both domestic and international clients. With a strong reputation built on expertise, professionalism, and client-focused solutions, the firm has established itself as a trusted partner for businesses, investors, and individuals seeking high-quality legal representation in Turkey.

Comprehensive Legal Services

Ongur & Partners offers a broad range of legal services across various practice areas, including:

• Corporate & Commercial Law – Advising companies on business formation, mergers & acquisitions, contracts, and regulatory compliance.
• International Arbitration & Litigation – Representing clients in complex disputes before Turkish and international courts and arbitration tribunals.
• Energy & Infrastructure Law – Providing legal guidance on energy projects, public-private partnerships (PPP), and infrastructure investments.
• Intellectual Property & Trademark Law – Assisting businesses in trademark registration, intellectual property protection, and patent law.
• Real Estate & Construction Law – Handling legal matters related to real estate transactions, construction agreements, and property disputes.
• Immigration & Citizenship Law – Assisting foreign nationals with Turkish citizenship applications, residence permits, and work permits.
• Banking & Finance Law – Advising financial institutions and investors on banking regulations, financial transactions, and compliance matters.

International Reach & Multilingual Legal Support

Ongur & Partners is widely recognized for its international expertise, working with clients from Europe, the Middle East, Asia, and the U.S. The firm’s team of experienced attorneys is proficient in multiple languages, including English, French, German, and Turkish, ensuring seamless communication and efficient legal representation for foreign clients.

Commitment to Excellence

With a client-centered approach, Ongur & Partners is committed to delivering tailored legal solutions that meet the highest professional standards. The firm’s deep knowledge of Turkish law, combined with its global perspective, enables it to provide strategic and result-oriented legal advice.

Whether you are a multinational corporation, a startup, or an individual seeking legal assistance in Turkey, Ongur & Partners Law Office in Ankara stands ready to assist you with expert legal guidance and dedicated representation.