Ata Patent has assembled an experienced group of trademark lawyers in Turkey to help clients obtain, protect and enforce intellectual property rights including applying & registering trademarks in Turkey.
We Provide Trademarks Services in Turkey
Our trademark services are; search, application, registration, assignment, renewals, refusals, and protection such as IP litigation, appeal, opposition, cancellation, infringement, monitoring, and IP licensing.
How to File Trademark Applications in Turkey?
Our Turkish trademark attorneys apply for trademark applications in Turkey and file registration, objection to a trademark application, trademark transfer, and name and address change in a trademark.
Ata Patent provides legal support in the registration of trademarks, patents, industrial designs, geographical indications, copyrights, trade secrets, computer software, and other values that may be subject to the intellectual or industrial property before the Turkish Patent and Trademark Office and the European Patent Office.
Trademark Registration Procedures
Our trademark attorney team follows trademark applications in Turkey from the beginning to the end. In order to apply, the applicant does not need to be a merchant or have a commercial enterprise.
Real persons can also apply for trademark registration in their own names. A single trademark application cannot be made for more than one trademark. A separate registration application is required for each trademark.
Trademark Registration Process;
- Filing application online
- Application is reviewed by TPTO
- Publication of the application
- Filing objections to the application,
- Examining the objections
- Issuance of registration of Trademark Certificate
- Rejection of the application
An application process may take about 6-12 months, if there are deficiencies they have been completed later. If an objection has been filed within the publication time the objection has been definitively rejected in order to record in the trademark registry. The applicant will be given a “Trademark Registration Certificate“.
The protection period provided by trademark registration is 10 years from the date of application. This period can be renewed in 10-year periods and unlimitedly, by applying for renewal starting from 6 months before the end of each 10 years.
If the renewal 6-month period is missed, the protection of the trademark registration can be extended by paying the penalty fee for the delayed extension application within 6 months following the 10-year protection period.
The trademark does not have to be in use in order to apply for trademark registration. However, if the trademark is not used in any 5-year period after registration, the cancellation of the trademark can occur by an IP court decision for cancellation.
We File Trademark Applications in Turkey Fast & For Less
Ata Patent offers our clients the full range of trademark application services in Turkey:
- Trademark registration in Turkey
- Trademark applications in Turkey
- Trademark appeals
- Trademark assignment
- Trademark opposition
- Trademark search
- Trademark renewals
- Trademark refusals in Turkey
- Civil litigation includes infringement and counterfeiting
- Turkish Patent & Trademark Office litigation
- Filing opposition and cancellation
Trademark Appeals
Our trademark attorneys prepare and file trademark appeals to our clients. Ata Patent handles trademark registration, opposition against a trademark application, and trademark infringement lawsuits for a wide range of companies.
We draw on our significant experience and blend it with a realistic understanding of the business environment so as to wisely, but practically, apply the law to the Turkish Patent and Trademark Office (TPTO) is the administrative authority dealing with the intellectual property rights registration process in Turkey.
TPTO has separate departments for trademarks, patents, and designs. The decisions of these departments may be appealed within two months, and the Re-examination and Evaluation Board of TPTO gives the final decision in the administrative process.
All final decisions of TPTO are subject to statutory audit. Objectors may file a lawsuit against unfavorable decisions before the specialized Civil IP Court in Ankara, which is the competent court for all cases filed against TPTO. This lawsuit must be filed within two months of the notification of the TPO’s final decision.
Ankara Civil IP Court decides the correctness or cancellation of the final decision of TPTO. There have been many cases, and TPO has recently started to give acceptable decisions through the continuous improvement and consolidation of case law.
The IP Court of the first instance and the Supreme Court play a big role in establishing and maintaining legitimacy and stability in this field, which is quite new for all practitioners.
Trademarks Assignment Steps in Turkey
Our Turkish trademark attorneys represent clients in trademark assignment procedures. Ata Patent’s Turkish trademark attorneys have represented both the assignees and assignors in various trademark assignments for trademarks that were registered in Turkey. Our attorneys sometimes prepared assignment agreements for our clients and follow up on the assignment procedures. In some cases, our attorneys proceeded with an assignment that was prepared in the assignee/assignor’s country.
In general, trademarks are typically transferred by assignment during the acquisition of a business or business division, and when a business attempts to gain greater, more senior rights in a certain mark to gain an advantage over a competitor. Both scenarios can foster an invalid transfer of a trademark regardless of the intentions of the parties involved.
In the business acquisition, the buyer of a business reasonably expects to receive the trademarks that represent the acquired business and serve as the repository of goodwill for the business. If the trademark is one that is recognized by the customers of the acquired business, or any portion of the public, then it is an asset with substantial value, albeit one that is difficult to quantify.
Similarly, the seller of a business should reasonably expect to part with the attendant trademarks that promote and identify the business and may expect to receive a premium for them if the trademarks are particularly well known within a definable market. Properly executed, a trademark assignment allows the assignee to step into the shoes of the assignor, gaining whatever goodwill the assignor has built up, and whatever priority the assignor has in the mark against others.
The second situation, the priority contest, usually results from a declared or impending trademark infringement dispute, where two or more businesses using the same trademark are competing for the sole ownership rights to the mark. Because trademark rights in Turkey are determined by priority in time, an enterprising company will often attempt to acquire an assignment of an older, identical trademark in order to establish a pattern of use that predates that of its competitors. Sometimes the buyer in this situation will intend to use the purchased trademark as a part of its business. Typically, the purchaser in this scenario intends to buy a form of priority as an asset.
Trademarks Opposition Services
Our Turkish trademark attorneys represent clients in trademark opposition procedures. An opposition is a proceeding in which one party is seeking to prevent the registration of another party’s trademark. If the Turkish Patent and Trademark Office (TPO) approves that a trademark application meets the criteria of a trademark, the application will be published in the Official Trademark Bulletin, so that it will be made available to the public for review.
In this case, a trademark application will be published for 2 months. During this period of 2 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPO to object to a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.
To successfully prosecute an opposition, the opposer must plead and prove two things that he is likely to be damaged by a registration of the mark; and there are valid grounds as to why the trademark applicant is not entitled under law to register.
In terms of pleading, all the opposer needs to do is set forth in the notice of opposition a short statement showing how he would be damaged by the registration of the trademark, and state his grounds for opposition. The opposer is bound by the grounds pleaded in its notice. Neither administrative tribunals nor the courts will consider grounds not previously raised in the notice of opposition or cancellation.
Such opposition and the documents enclosed thereto will be sent to the applicant or its attorney in order to enable them to prepare an answer. The applicant or its attorney must present its answer to the Turkish Patent and Trademark Office within 1 month after receiving the above-mentioned opposition.
Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPO.
Any person who believes that he would be damaged by the registration of a trademark may file an opposition before the Turkish Patent and Trademark Office within two months of the publication of said mark.
Reasons for Trademarks Refusal in Turkey
Our Turkish trademark attorneys represent clients in trademark refusal procedures. Turkish Patent and Trademark Office (TPO) reviews each trademark application, and if concludes that the application has the characteristics needed to be a trademark i.e. if it distinguishes the goods or services of a given business from the goods or services of another business, does not look like a trademark already registered or for which a registration application is pending, does not state type, choice, nature, quality, quantity, purpose, value and geographical source, is not a sign used by everybody in commercial activities, does not contain a religious value or symbol, and is not contrary to the public order and general morality, TPO will decide to publish the application in the Official Trademark Bulletin.
If a trademark application is refused by TPO’s one of the trademark examiners after such review, the applicant is entitled to appeal the said refusal by filing an appeal petition to the Re-Evaluation and Examination Board (REEB) of TPO within 2 months from the date on which the said refusal has been notified to the applicant. If the applicant does not use this right within 2 months, its application will be canceled and its right to appeal will be revoked.
If TPO approves that a trademark application meets the criteria described above, it will be published in the Official Trademark Bulletin, so that it will be made available to the public for review.
In this case, a trademark application will be published for 3 months. During this period of 3 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPO to object to a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.
Such opposition and the documents enclosed thereto will be sent to the applicant or its attorney in order to enable them to prepare an answer. The applicant or its attorney must present its answer to the Turkish Patent and Trademark Office within 1 month after receiving the above-mentioned opposition.
Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPTO so that REEB will decide either “application will proceed” or “application will partially proceed” or “application rejected“.
Trademarks Renewal in Turkey
Our Turkish trademark attorneys represent clients in trademark renewal procedures. In order to prevent the cancellation of a registered trademark, trademark owners are required to periodically file their trademark renewal documents with the Turkish Patent and Trademark Office for 10 years following the date of registration, and every ten years thereafter.
Fulfilling trademark renewal and maintenance can be a particularly daunting task. Ata Patent offers solutions designed to alleviate the repetitious and administrative burden associated with trademark renewal management.
Our trademark renewals solution is flexible and can be tailored to integrate with and improve your existing workflow. In coordination with client’s legal counsel, where required, Ata Patent’s dedicated team of trademark paralegals can support all facets of the renewal and maintenance process including:
- Storage of trademark registration particulars
- Renewal Reminders
- Formality requirements and supportive documentation
- POA and Signature Management
- Document Legalization and Authentication
- Agent instructions and confirmation of renewals
- Consolidated invoices
Trademarks Search in Turkey
Our Turkish trademark attorneys provide trademark search services. One of the most important steps in the trademark registration procedure is to conduct an extensive trademark search in order to identify potential conflicts with existing trademarks and as a confirmation that your trademark is almost available for registration.
That’s why it is recommended as the first step in determining whether your trademark is available for use. Alternatively, you may conduct it by officially requesting from the Turkish Patent and Trademark Office.
Here, you may search for registered trademarks in Turkey as well as published trademark applications in Turkey. A good trademark search that identifies potential conflicts includes existing trademarks in the Turkish market, company name registers, and pending trademark applications & registrations before the Turkish Patent and Trademark Office. When analyzing a trademark search report, it is important to take into consideration a number of factors to determine whether your mark is infringing on or likely to be confused with another trademark; such as similarity, company names, company services, classification, and degree of confusion likely to be exercised by the purchasers.
It is important to understand that a Turkish trademark search cannot provide you with a definitive “answer” as to whether or not your proposed trademark is available for use and registration. It does, however, arm you with information regarding potential risks associated with the mark which affect your decision in the use and registration of your mark, which, in turn, lead you to invest money for alternatives to save time.
It is also important to note that a trademark used or registered earlier in Turkey may also pose an obstacle to registration. The adoption of a trademark confusingly similar to a trademark currently in use by others may give rise to a claim for infringement and litigation.
We also counsel our clients on the proper use and protection of trademarks and create individualized trademark use guidelines for clients to help them maximize the strength of their marks. Our trademark attorneys routinely speak at industry events and conduct in-house seminars to educate our clients on the various issues involved in creating and protecting a valuable brand.
Reach us for Trademarks Services in Turkey
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management.
We prosecute and maintain patents and trademarks across various industries and in multiple countries, and litigate in IP courts and before TPTO.
For a free consultation, you may reach our trademark attorneys for trademark applications in Turkey by sending an e-mail or through our Contact page.
