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TRADEMARK RESEARCH/REGISTRATION
Trademarks are probably the most
important marketing tool which a company possesses and more and more companies
are looking to protect these assets through registration.
Registration gives the proprietor
the exclusive right to use the mark in relation to the goods and/or services for
which it is registered and the right to take legal action against third parties
who might inadvertently or otherwise infringe the registration.
Turkey has got a very effective
law about trademarks and service marks by Decree-Law No.556 pertaining to the
protection of Trademarks in force as from June 27, 1995.
The basic
reasons obstructing the registration of a trademark
It is important to take into
account the reasons, which may obstruct the registration of a trademark. The
filed applications for registration of a trademark shall be rejected in the
following cases, which are named as “Absolute Reasons”.
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The signs with no distinctive feature,
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The signs similar or identical with the previously
registered or already filed trademark falling in the similar or identical
scope of the goods or services,
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The signs indicating type, sort, feature, quality,
objective, value, geographical sources for the
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goods or services for which registration is sought.
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The signs which allow differentiation of any occupation and
members of the artistic or commercial groups or used commonly by any
commercial community along with the trademarks which include the names
exclusively or principally,
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The signs figuratively indicating the good or its essential
value which is stemming from the natural structure or as a result of the
technical processes of the product to be registered,
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The marks misleading the public in view of the quality,
quantity or place of production,
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Geographical source of the goods or services.
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Country flags, military or dynasty armorial bearings
submitted to WIPO International Bureau, seals and emblems of the countries and
the international organizations,
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Words and signs representing religious values and symbols,
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Signs and words detrimental to public order and general
ethical rules,
can not be registered as a
trademark.
Acquiring the
right to register a trademark
Natural and Legal persons
residing within the borders of the Republic of Turkey,
Natural and legal persons dealing
with commercial activities in the Republic of Turkey or any such persons with
commercial attribute,
Paris Convention and World Trade
Organization,
Natural and legal persons dealing
with commercial or industrial activities in the countries who are the parties to
the Establishment Contract or residing in such countries and the citizens of the
Member Countries,
The citizens of the countries who
grant the Turkish citizens the right of trademark protection legally or
actually,
Period of
protection of a trademark
Any registered trademark shall be
protected for a period of 10 years starting from the date of filing application.
It is also possible to protect the trademark for a limitless time by renewing
the same in each 10-years period.
The request for renewal should be
made within 6 months prior to expiration of the protection period. Referring to
the trademarks for which no request for renewal is made within the stipulated
period, such a request may be made within 6 months subsequent to expiration of
the 10-years period provided that additional fee is to be paid.
Registration procedures
Application:
Upon being
informed consequent to the preliminary search that the mark has not been
registered in the name of another, an application is placed with the Head of the
Turkish Patent Institute Trade Marks Department.
Publication:
The mark is published in the Official Trade Mark
Bulletin within 8 months on the average following the application date all
trademark applications are published in the monthly Official Trade Mark Bulletin
of the Turkish Patent Institute to be subject to oppositions and review of the
third parties for 3 months.
Registration:
In case that
no oppositions are raised against the marks published in the Official Trade Mark
Bulletin, the decision of registration is handed down within 15-30 days on the
average following the deadline for oppositions. Registration fee is to be paid
and missing documents are to be submitted within a deadline of 4 months after
the decision of registration is handed down. If the registration fee is paid and
the missing documents are submitted at the soonest possible after the
registration decision is handed down, then the MARK REGISTRATION CERTIFICATE is
forwarded in about 15-45 days.
In case that there is no wrong with the application petition and that no
oppositions are raised against during the announcement stage, and the
registration fee is paid and the missing documents are submitted within 1 week
after the registration decision is handed down, the MARK REGISTRATION
CERTIFICATE can be received within 12-14 months.
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