As an emerging market in the world, Turkey increasingly attracts the attention of trade mark owners. In 2007, more than 72,000 trade mark applications were filed (see chart) and Turkey has been ranked number three for trade mark applications in Europe for the past three years.

The increasing filing numbers have brought a new discussion of broader trade mark protection obtained by applicants for the non-marketed or would-not-be marketed goods or services. More than 40% of applications are filed for two or more classes of goods or services and most one-class applications include almost all goods or services in the specified class.

For example, an auto tyre patch producer may have trade mark protection for all goods in class 12, including motorcars, ships and aero planes while a pharmaceutical company specialized in heart diseases may file an application for all goods in class 5.

Despite the fact that a trade mark cancellation action based on non-use can be initiated at any time where a trade mark is not used for a period of five years from the registration date without “a valid reason” or where the use of the trade mark is discontinued for an interrupted period of five years, this is not easy when the cost, time, use evidence and business risk issues are considered.

When the Nice Agreement (9th edition) regarding the classification of goods and services for trade marks was put into effect in January 2007, the Turkish Patent Institute issued an official communication for trade mark applicants and attorneys, which aimed to reduce the number of these applications that lead to the dissatisfaction of good faith applicants, an increase in oppositions against published trade mark applications and longer official examination periods. The communication addressed the relevant facts and asked applicants and attorneys to exclude from applications those goods or services that they never use, produce or market.

Official fees for trade mark applications covering more than one class were also increased to achieve the same aim. These discussions will continue in Turkey, as in other emerging markets, unless severe and rapid court decisions and practical Office measures are taken to increase IP awareness and understanding in the medium term.

It is also recommended that trade mark owners who do not have trade mark protection and are interested in the Turkish market make their decisions soon and carry out a trade mark search first at the Turkish Patent Office’s website.