Turkish Trademark System lays down the following issues; Registered trademark protection system for 10 years but can be extended by unlimited number of renewals, Protection of service marks, Protection of guarantee and collective marks, Registration after examination and opposition, Absolute and relative grounds for refusal, Exhaustion of the rights conferred by a registered trademark, Publication of applications and Opposition by third parties, and Trademark use requirement

Legislation
Decree-Law 556 on the protection of trademarks, which entered into force on June 27 1995, is the main legislation governing trademarks and includes a registered trademark protection system for goods and services, including guarantee marks and joint marks. Both good and services can be included in one application totally upto 45 classes, the last 11 of which are for services. Turkey is a party of

• Paris Convention on the protection of industrial property (1925)
• Nice Agreement concerning the international classification of goods and services for the purpose of registration of marks (01.01.1996)
• Vienna Agreement establishing an international classification of the figurative elements of marks (01.01.1996)

Protocol relating to Madrid Agreement (01.01.1999)

Application Stages
The period from filing to registration takes 12-15 months for a straight forward application. The Turkish Patent Institute examines all applications with resptect to the (i) filing requirements (ii) absolute grounds for refusal or (iii) over the ealier identical or confusingly similar trademark applications/registrations for the goods or services concerned within 6-8 months. In case of any inconvenience, the Institute issues a notice of refusal and invites applicant to prepare a response in 2 months. If the Institute’s decision is again negative and appealed by the applicant, then the Institute’s Appeal Board, namely Re-examination and Evaluation Board, examined it and issued a final decision within 8-12 months, which may be further appealed before the Turkish IP court in Ankara. In the affirmative, it will be published for the opposition of third parties for 3 months in Official Trademark Bulletin. Application will be registered within 2-3 months upon the payment of registration fee provided that no opposition is received. 

Oppositions

Any interested party may oppose a trademark application during the three months period of its publication. The Institute’s Appeal Board, namely Re-examination and Evaluation Board,  is directly responsible for the opposition cases, issues an official letter to the applicant informing the opposition but decides by its own initiative within generally 8-12 months. Decision of the Appeal board is final and may only be appealed before the Turkish IP court in Ankara.

Cost of a trademark application: basically depends on the number of classes to be requested and charging policy of the trademark attorney as well as any opposition from third parties during publication and/or any official rejection during official search-examination by the Turkish Patent Institute. Please contact us to receive a cost estimate within 24 hours at most. In Destek Patent, almost all trademark work is performed on a flat fee basis. Subsequent to filing an application, there will be no further cost to you until a crucial stage is to be taken with the Turkish Patent Institute, for example, an office action response, an opposition received or registration fee request.

 
Renewals
The protection period for a registered trademark is 10 years and should be renewed every 10 years for the extension of protection.  The renewal period of a trademark begins 6 months before the expiration date. Afterwards, they may also be renewed within 6 months by paying fine.

Grace Period 

As a noteworthy regulation in Turkish Trademark Act, there has been also defined that, for a period of two years from the termination of the protection of a trademark for failure to renew, another identical or similar trademark application for identical or similar goods or services shall be refused where an objection is raised. In such a case, a grace period of two years therefrom is still defined for the trademark owners to re-file their lapsed trademark by filing a new trademark application, introducing somehow a priority right for the trademark holders.

Use Requirement It is not required to file an evidence of use to the Turkish Patent Institute, however, a registered trademark should be used in Turkey within 5 years from the registration date to avoid any trademark cancellation action that may be initiated by other parties before the Turkish IP Court. The same is also valid where the use of the trademark is discontinued for an interrupted period of five years.

Status Changes (Assignment, Merger, Name/Address Changes)