Marks which can be registered with the Turkish Patent Office are Service Marks and Trademarks, both of which may be included in a single application.
Term of Protection
The protection term of a registered trademark is 10 years starting from the date of filing an application.
The mark shall be renewed every 10 years for extension of protection. It should be noted that the renewal term of a trademark and/or a service mark begins 6 months before the end of the protection. Trademarks may be renewed -subject to a surcharge-up to 6 months following the end of termination.
A similarity/identity search is strongly recommended prior to filing a trademark application. This search is not obligatory, however it generally provides useful information as to the availability of the mark or ways of avoiding a possible rejection in certain classes. We conduct this search using the database of the Turkish Patent Office in Ankara.
Scope of the Protection of Trademarks
The proprietor of a trademark shall be entitled to prevent all third parties not having his/her consent from using the trademark as described herewith:
a) use of any sign which is identical with the registered trademark in relation to goods and services which are identical with those for which the trademark is registered,
b) use of any sign where, because of its identity with or similarity to the registered trademark and identity or similarity of the goods and services covered by the registered trademark and sign, there exists a likelihood of confusion on the part of the public including likelihood of association between the sign and the trademark,
c) use of any sign which is identical with or similar to the registered trademark in relation to goods or services which are not similar to those for which the trademark is registered, where the use of that sign without due cause takes unfair advantage of or is detrimental to the distinctive character or the repute of the registered trademark.
The following may be prohibited under the first paragraph,
a) affixing the design to the goods or to the packaging thereof,
The rights conferred by a registered trademark shall prevail against third parties from the date of publication of the registration of the trademark. Compensation may be claimed in respect of matters arising after the date of publication of a trademark application. However, the rights arising from the publication of an application shall be considered within the rights conferred by the publication of the registration of a trademark. The Court may not decide upon the merits of the case until the registration has been published.
b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder,
c) importing or exporting the goods under that sign,
d) using the sign on business papers and in advertising.