Trademark law in Turkey is governed by the Industrial Property Law numbered 6769, which entered into force on January 10, 2017. The law brought major changes to the trademark law and made it in line with the EU regulations.
What is a trademark?
A trademark is any sign that can distinguish the goods or services of one undertaking from those of other undertakings. Trademarks can be words, names, symbols, designs, or any combination thereof.
Who can register a trademark in Turkey?
Any natural or legal entity domiciled or engaged in industrial or commercial activities within the borders of Turkey, or to the persons who have the right of application according to the Paris Convention or Agreement Establishing the World Trade Organization, can register a trademark in Turkey.
What are the requirements for registering a trademark in Turkey?
To be eligible for registration, a trademark must be:
Distinctive: The trademark must be able to distinguish the goods or services of one undertaking from those of other undertakings.
Not misleading: The trademark must not mislead the public about the nature, quality, or geographical origin of the goods or services.
Not contrary to public order or morality: The trademark must not be contrary to public order or morality.
How to register a trademark in Turkey?
To register a trademark in Turkey, you must file an application with the Turkish Patent and Trademark Office (TURKPATENT). The application must include the following information:
The name and address of the applicant
The trademark to be registered
A list of the goods or services for which the trademark is to be registered
The priority date, if any
Once the application is filed, TURKPATENT will examine the trademark to see if it meets the requirements for registration. If the trademark is approved, it will be published in the Official Trademark Bulletin. Any third parties who believe that their rights would be infringed by the registration of the trademark can file an opposition within three months of the publication date.
If there is no opposition, or if the opposition is unsuccessful, the trademark will be registered in the Trademark Register. The registration will be valid for a period of 10 years, and it can be renewed indefinitely for periods of 10 years each.
Trademark rights in Turkey
The owner of a registered trademark has the exclusive right to use the trademark in Turkey in connection with the goods or services for which it is registered. The trademark owner has the right to prevent others from using an identical or similar trademark for the same or similar goods or services, if such use would be likely to cause confusion among consumers.
Trademark infringement in Turkey
Trademark infringement occurs when someone uses a trademark without the permission of the trademark owner, and such use is likely to cause confusion among consumers. Trademark infringement can be remedied through civil and criminal proceedings.
Conclusion
Trademark law in Turkey is a complex area of law, but it is important for businesses to understand their trademark rights and obligations. By registering their trademarks in Turkey, businesses can protect their goodwill and reputation, and prevent others from using their trademarks without permission.
