Author: Yucel Yılmaz, OPTİMUM PATENT OFİSİ DANIŞMANLIK LTD. ŞTİ. , Turkey
Why do you need to register a trademark in Turkey? With a population of over 85 million, Turkey is a rapidly growing market that offers tremendous opportunities for all types of businesses. The country’s strategic location at the crossroads of Europe and Asia makes it an ideal center for international trade and commerce. In recent years, the number of foreign investors and entrepreneurs entering the Turkish market has increased significantly.
Many companies choose to register a trademark in Turkey to protect their brand and secure their business interests. This article will explore the complete trademark registration process, including registration requirements, documents, and fees.
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1. What can be registered as a trademark in Türkiye?
2. Why might your trademark registration be rejected?
3. Turkish Trademark Registration Process
4. Documents required for trademark registration
5. Trademark Opposition Procedure
6. Trademark registration fees
1. What can be registered as a trademark in Türkiye?
In Turkey, a trademark must be unique and distinguishable from other companies’ trademarks and must not be contrary to public order or morality.
The following items can be registered as trademarks in Türkiye:
- Words and slogans,
- Graphics and illustrations,
- color,
- Product or packaging shape,
- sound,
- action,
- Location,
- pattern.
You must correctly classify the goods and services associated with your trademark according to the International Classification of Goods and Services in order to successfully register your trademark. This classification ensures uniformity in trademark registrations around the world.
You can also file a multi-class trademark application to register multiple classes of goods and services under one trademark. You will need to pay an additional fee for each additional class.
2. Why might your trademark registration be rejected?
In Turkey, trademark registration can be refused on absolute or relative grounds. Absolute grounds are derived from objective criteria, while relative grounds examine the likelihood of confusion with existing trademarks or rights holders. Absolute grounds of refusal are considered directly by the Turkish Patent Office (TürkPatent) during the trademark examination stage. Trademark refusals based on relative grounds of refusal, on the other hand, require oppositions from third parties who may suffer damage . Therefore, before applying, it is worthwhile to search the Turkish trademark database.
Absolute grounds for trademark refusal can be the following:
- Trademarks that lack distinctiveness or differentiation;
- A mark that serves only to indicate the type, quality, characteristics, quantity, purpose, value, place or time of production or other characteristics of goods or services;
- Marks commonly used in commerce or used to distinguish a particular professional group or business;
- Marks based solely on the appearance of a trade or its essential features;
- Marks that mislead the public as to the nature, quality or origin of goods or services;
- Marks containing cultural or historical values, symbols or emblems, without the consent of the relevant authorities;
- religious symbols;
- Marks that are against public order or morality;
- Marks that incorporate or are based on registered geographical indications;
- Use the name, trade name, photograph or intellectual property of another person.
Relative grounds for refusal of a registered trademark include:
- Similar to a registered or pending trademark, involving similar goods/services or goods/services that may cause confusion ;
- is similar to a well-known trademark if it includes another person’s name, trade name, photograph, copyright or any other intellectual property ;
- Similar to a recently expired collective/guarantee mark;
- Submitting an application in bad faith;
- Within two years after the end of the protection period of a registered trademark whose protection period has expired due to non-renewal, if an application for registration of a trademark that is identical or similar to the registered trademark and whose goods or services are identical or similar are filed, and if the trademark is used during this period, the application will be rejected if the former trademark owner files an objection.
3. Turkish Trademark Registration Process
Registering a trademark in Türkiye includes trademark search, application, examination, publication, opposition and issuance of certificate.
Before submitting a trademark application, it is recommended to conduct a comprehensive Turkish trademark search to assess the availability of the desired trademark. This step helps to avoid possible conflicts or objections during the registration process and minimizes the risk of rejection of the application.
Next, you must file an application with the Turkish Patent and Trademark Office (TPTO). The application must include a description of the desired trademark and the goods and services it covers, in accordance with the International Classification of Goods and Services . Make sure the application is complete and accurate, as any errors or omissions may result in delays or rejection of the application.
Once an application is filed, the TPTO will review it to make sure it meets legal requirements and does not conflict with existing trademarks. The office may request additional information or clarification from the applicant, or file an opposition if there are any issues with the application.
If the TPTO accepts the mark, it will be published in the Official Trademark Gazette. This allows other parties two months from the date of publication to file oppositions if they believe the mark conflicts with their trademark rights. If an opposition is filed, it must be resolved before a formal hearing at the Turkish Patent and Trademark Office.
If no one objects, or the applicant wins the case, the trademark will be registered and the applicant will receive a registration certificate. The certificate serves as proof of the trademark owner’s rights and provides legal protection for the trademark owner.
A trademark registration in Turkey is valid for 10 years and can be renewed indefinitely as long as the trademark continues to be used and renewal fees are paid.
4. Documents required for trademark registration
The documents required to register a trademark vary depending on the type of applicant and the specific circumstances of the trademark application. However, the following documents are generally required:
- A completed trademark application form including a description of the trademark and the goods or services for which it will be used;
- Pay the required fees, including the application fee and additional fees for various categories;
- A copy of the priority document (if applicable).
All documents should be in Turkish. A simple signed power of attorney is required. You must submit a notarized copy of the priority document and its official Turkish translation within 3 months of filing. Regular priority is 6 months.
5. Trademark Opposition Procedure
The opposition procedure in Turkey is a way for third parties to challenge a registered trademark which they believe conflicts with their trademark or other rights.
The opposition period lasts two months from the date of publication. During this period, third parties can file oppositions with the TPTO. For example, they may claim that the trademark conflicts with their rights or does not comply with legal requirements.
The TPTO will review the opposition and, if necessary, request additional information or evidence from the parties involved. After considering all relevant information, the TPTO will decide whether the trademark can be registered.
The TPTO may reject the opposition or reject the application due to the opposition. The applicant or the opponent may apply to the Review and Evaluation Board (REEB), a higher level body, and request that the TPTO’s decision be reversed in their favor. The decision of the REEB may be subject to annulment proceedings.
It is important to note that opposition proceedings can be complex and time-consuming, and it is recommended that you seek the advice of a qualified trademark attorney or agent to protect your rights.
6. Turkish Trademark Registration Fees
Government fees for trademark registration in Türkiye:
| Apply | Official Fees (US$) |
| 42 |
| 42 |
| 48 |
| register | 105 |
| Priority declaration | 47 |
| transfer | 88 |
| license | 142 |
| Third-party objection | twenty four |
| Appealing a Refusal | 53 |
| Renewal | |
| 132 |
| 242 |
The cost of registering a trademark in Turkey through the iPNOTE platform starts from $690 , including all official fees and document preparation costs. Find the most suitable Turkish trademark attorney on iPNOTE .
7. Conclusion
Registering a trademark in Turkey is a valuable investment for businesses and individuals looking to protect their brands and intellectual property. By registering a trademark, you can secure the right to use your brand name and logo and prevent others from using similar marks that could confuse consumers.
After registering your trademark with the TPTO, you can also register your trademark with the Turkish Customs. By registering your trademark with the Turkish Customs, it is possible to prevent infringing goods from entering the Turkish market.
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