Why and how to register a trademark in Turkey

In Turkey, trademark protection and rights are obtained through registration, although in some very specific cases extensive prior use of the trademark may grant some rights. Trademark registration applications must be filed through the Turkish Patent Institute (TPE).

Turkey is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

It is not necessary for a trademark to be in use at the time of application or registration. However, prior use may be useful as it can help overcome an objection raised on the grounds of lack of distinctiveness. 

If you register a combined trademark (which includes both word elements and figurative elements) in Turkey, the exclusive right to use the trademark is limited to a use of the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Once the Turkish trademarks office has conducted the examination, the trademark application will be published in the Official Trademark Bulletin (Resmi Markalar Bülteni) and interested third parties will have a period of two (2) months in which to present trademark opposition actions if they so wish.

Actual use of a mark is not necessary in order to register a trademark. However, if the trademark is not used in Turkey on a commercial scale within five years after registration, it will become vulnerable to cancellation actions based on non-use.

In Turkey trademarks are registered for a period of ten (10) years from the application date, after which they can be renewed for periods of ten years. The trademark renewal can be requested within 6 months before the expiration date. There is also a grace period of 6 months after the registration date during which the trademark can be renewed subject to the payment of a late renewal additional fee. 

In Turkey, the domain extension .com.tr (ccTLD) is restricted to either companies registered in Turkey or holders of a Turkish trademark registration. Therefore, registering your trademark in Turkey may be of help in obtaining a .com.tr domain name. 

 

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