Turkey

FAQ


The registration of non-traditional marks (Color Marks, 3D Marks, Sound Marks, Position, and Hologram marks) is possible in Turkey.


According to the Turkish IP Law the cases set out below shall also be deemed as use of trademark:
a) Use of the trademark with different elements which do not alter the distinctive
the character of the mark;
b) Use of the trademark on goods or on the packaging solely for export purposes.
(3) Use of the trademark with the consent of the trademark proprietor shall be deemed to constitute use by the trademark proprietor.


In order for a sign to be a trademark, it must meet 3 conditions. These;
(a) There must be a sign (such as words, letters and numerals, devices, color and any combinations in color, three-dimensional signs, audible signs (sound marks), etc.)
(b) abstractly capable of discernment,
(c) the mark must be demonstrable in the register.


There is no need to use the TM, ® symbol when a trademark is registered in Turkey. Furthermore, every original idea and product, whether or not the © symbol is used, is inherently copyrighted.


Yes, Nice Classification, 11th Edition.


An application can be filed without documents such as Power of Attorney, priority document.
There is no deadline for submitting a Power of Attorney. The Priority document can be submitted within 3 months following the filing date of the application along with its translation. 


Official supporting documents are required for the amendment requests. However, the print of the trademark cannot be amended/corrected after the filing. A fresh application is needed. 


No. However, if a trademark registration is not used within five years after registration or consecutive five years, it can be a subject to cancellation action based on non-use upon third party action.  


Yes. As per Turkish IP Law No. 6769, the opposite parties may request from the opponent provide documents proving the genuine use of their trademarks in Turkey, if the opponent bases their opposition on Turkish registered trademarks for more than five years at the time of filing date of the opposed trademark application. If the opponent fails to submit documents of use for Turkey, the argument based on the prior registered trademark would be nullified. If it is proven that the trademark, which is the basis of the opposition, has been used only for some of the goods or services which are covered by registration, then the opposition shall be examined taking into account the goods or services whose use is proven.


No. However, it is recommended to record the license agreement in order to claim the right of the trademark.  


Yes. An opposition can be filed within 2 months from the date of publication.

Head Office

Bldg. No. 46, Abdel Rahim Al-Waked Street, Shmeisani
P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5100 900
Email : agip@agip.com

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