Turkey is a member of the Paris Convention for the Protection of Industrial Property. Being a member of the Nice Agreement, the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th edition) is followed in Turkey. Trademark applications are examined as to procedural examination, examination for absolute grounds for refusal, examination of oppositions and appeals. At the stage of the examination for absolute grounds for refusal, if the Trademark Office rejects the mark, an appeal may be filed within 2 months from the date of rejection. 

Letter of Consent is now applicable in Turkey as per the new Turkish IP Law No.6769 adopted as of January 10, 2017. A Notarized Letter of Consent can be submitted when filing a trademark application or during filing an appeal against the rejection decision of an application.

Once a trademark application is accepted by the Turkish Office, it is published in the Official Bulletin. Any interested party may file an opposition against the trademark application within two months from the publication date of the Bulletin.

The Trademark Office’s decision regarding opposition can be appealed at the “Re-Examination and Evaluation Board” (Committee) and the Committee's decision can be appealed at the competent court. In the absence of opposition, a trademark is registered and a certificate of registration is issued.

A trademark registration is valid for 10 years as of the date of filing the application. A registration can be renewed for ten years, and also at the expiration of each period of 10 years thereafter.  Renewal request needs to be filed within six months before the renewal due date in Turkey. In case no request is filed within this period, the renewal request can still be filed in the next 6 months after the due date by paying surcharge.Use of a trademark is not compulsory for filing application neither for registration nor for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration,  if the owner of trademark fails to use such a trademark in Turkey for 5 consecutive years from the date of registration.

Illegal use of a registered trademark by an unauthorized person, use of a forged or counterfeit trademark, application to one's goods a registered trademark belonging to another party in bad faith, dealing in products bearing a forged or counterfeit trademark, rendering services under a forged or counterfeit trademark, and use of a trademark that falls under certain categories of unpredictable marks are offenses punishable under the law in Turkey.

Turkish Intellectual Property (IP) Law No. 6769 entered into force on January 10, 2017. The new IP Law is replaced Decree-Laws No. 551, 554, 555 and 556, relating to patents, industrial designs, geographical indications and trademarks.