Ata Patent Group, located in Istanbul, Türkiye, provides comprehensive legal services in the field of intellectual property law, with a particular emphasis on Turkish trademark law. Since 1996, our experienced team has been dedicated to assisting clients in navigating the complexities of trademark protection in Turkey.
Table of Contents
Understanding Turkish Trademark Law
Turkish trademark law is governed by the Industrial Property Law No. 6769, which was enacted on January 10, 2017. This law aligns with international standards and agreements, including the Paris Convention, the TRIPS Agreement, and the Madrid Protocol, ensuring robust protection for trademarks in Türkiye.
Key Aspects of Turkish Trademark Law
Trademark Definition and Types
A trademark in Türkiye is any sign that distinguishes goods or services of one enterprise from those of another. This includes words, letters, numbers, colors, pictures, shapes, sounds, and even three-dimensional forms. The law recognizes various types of trademarks, such as:
- Word Marks: Comprising words or combinations of words.
- Figurative Marks: Including logos or designs.
- Combined Marks: A combination of words and designs.
- Three-Dimensional Marks: Shapes or packaging of products.
- Sound Marks: Audio logos or jingles.
Registration Process
Trademark registration in Turkey involves several steps:
- Application Submission: An application must be filed with the Turkish Patent and Trademark Office (TURKPATENT). It should include the trademark representation, a list of goods/services, and the applicant’s information.
- Formal Examination: TürkPatent reviews the application for compliance with formal requirements.
- Substantive Examination: The application is examined for absolute grounds of refusal, such as lack of distinctiveness or descriptiveness.
- Publication: If the application passes the examinations, it is published in the Official Trademark Bulletin for opposition.
- Opposition Period: Third parties have two months to oppose the registration.
- Registration: If no opposition is filed or if the opposition is resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
Duration and Renewal
A registered trademark in Türkiye is valid for ten years from the filing date. It can be renewed indefinitely for successive ten-year periods, provided the renewal fee is paid.
Trademark Infringement and Enforcement
Turkish trademark law provides robust mechanisms to address infringement, including:
- Civil Actions: Trademark owners can file lawsuits to seek injunctions, damages, and destruction of infringing goods.
- Criminal Actions: In cases of counterfeiting, criminal proceedings can be initiated against the infringers.
- Customs Measures: Trademark owners can request customs authorities to seize counterfeit goods at the border.
Well-Known Trademarks
The law offers special protection for well-known trademarks, even if they are not registered in Türkiye. Owners of well-known trademarks can prevent unauthorized use of their marks that could harm their reputation or cause confusion.
Why Choose Ata Patent Group?
At Ata Patent Group, we provide tailored legal solutions to protect your trademarks in Türkiye. Our services include:
- Trademark Search and Clearance: Comprehensive trademark searches to assess the availability.
- Trademark Prosecution: Handling all stages of the registration process.
- Enforcement and Litigation: Representing clients in infringement cases and disputes.
- Trademark Portfolio Management: Managing renewals and maintaining trademark portfolios.
Contact us for Turkish Trademark Law
Turkish trademark law ensures extensive protection for various trademark types, including word, figurative, combined, three-dimensional, and sound marks. The registration process through the TURKPATENT involves a thorough examination and opposition period, with successful registrations valid for ten years and renewable indefinitely.
Turkish trademark law also includes stringent measures for infringement enforcement and special protection for well-known trademarks. At Ata Patent Group, we provide expert services in trademark search, registration, enforcement, and portfolio management.
For more information on Turkish trademark law or to discuss your trademark needs, contact Ata Patent Group. Our team is ready to provide expert guidance and support to safeguard your intellectual property rights in Türkiye.