In Turkey, trademark protection and rights are granted by registration, however substantial prior use of the brand may provide certain rights in some extremely particular situations. Applications for trademark registration must be submitted to the Turkish Patent Institute (TPE).
Turkey is also a member state to the Madrid Protocol. Thus, the extension of international registration of a trademark via the Madrid System is possible for this country.
Minimum of filing documents in Turkey
In order to get the date of submitting a trademark application in Turkey, the following information must be provided:
– name and address of the applicant;
– representation of the mark;
– payment of the filing fees;
– list of goods and services according to Nice Agreement.
Requirements to the Power of Attorney
In Turkey, submitting a Power of Attorney is not necessary for trademark registration.
Priority document
Within three months of submitting a trademark application in Turkey, the Patent Office should receive a certified copy of the priority document and its Turkish translation.
Examination and opposition period
Once you have submitted your trademark application, it will go into a stockpile to be examined. Depending on the nature of your application, the time period it will take to be examined will vary. Trademark oppositions may be filed within two months from the date of publication of the trademark application in Turkey.
Validity term and trademark renewal
Protection begins starting from the date of application. Trademark registration is valid for ten years from the date of application. The registration is renewable for ten-year periods. The application for renewal may be filed within six months prior to the expiration date. The trademark in Turkey may be also renewed within six months after the renewal due date. The simply signed POA is sufficient.
Use requirement
If the trademark has not been used in Turkey within five years from registration, it may be subject to cancellation.
Representation by a trademark attorney
For foreigners to conduct trademark prosecution, an agent, a licensed Turkish trademark attorney, should be hired.
You can find the list of IP Firms in Turkey here