ATLAS PATENT

ANKARA/TURKEY

Patent

Trademark

Design

Renewal

Registration

Contact

TRADEMARK

 

New law implementing regulation for legislation related to protection of trademarks has entered into force on November 5, 1995.  With this new trademark legislation for Turkey, a functional system is established to meet the demands and realities of Turkey, harmonise the Turkish trademark system being compatible to the systems of other countries, the provisions of TRIPS Agreement of WTO Agreement and European Community Directives and Regulations.

New trademark system is based on publication-opposition before registration and brought the following modern provisions:

  • Registered trademark protection system,
  • Protection of service marks,
  • Protection guarantee and collective marks
  • Registration after examination and opposition,
  • Absolute grounds for refusal,
  • Relative grounds for refusal,
  • Exhaustion of the rights conferred by a registered trademark,
  • Publication of applications,
  • Opposition by third parties,
  • Term of Protection is 10 years,
  • Protection term can be extended by unlimited number of renewals,
  • Procedures for infringement,
  • Compensation of damages against infringement,
  • Establishment of specialised courts

According to Turkish trademark system, a trademark, provided that it is capable of distinguishing the goods and services of one undertaking from the goods and services of other undertakings, may consist of all kinds of signs being represented graphically such as words, including personal names, designs, letters, numerals, shape of the goods or their packaging and similarly descriptive means capable of being published and reproduced by printing. Trademark may be registered along with the product or the packaging. However, the registration of the product or the packaging does not grant exclusive rights.

An application for registration of a trademark must be filed with the following:

  • a petition, the form and contents of which specified in the Implementing Regulations, including information identifying the applicant,
  • a representation of the trademark suitable for reproduction,
  • list of the product or services for which the trademark shall be used,
  • the original receipt documenting the payment of the application fees,
  • the original receipt documenting the payment of the class fees,
  • power of attorney if an agent is appointed,
  • signature circular where the applicant is a legal person,
  • documentation of the applicants business activity.

The application fee must be paid at the time of filing in order an application for the registration of a trademark to be valid. Each trademark shall be subject to a separate filing of an application.

 

Yesilova Mah. 4002. Cad. No: 1/23 Etimesgut 06796 / ANKARA   Tel:+90 312 424 15 21  Fax: +90 312 424 15 41
 info@atlaspatent.com


design : ader. © 2004