All You Need to Know About Trademark Registration in Turkey
A trademark is typically defined as a mark that is used to distinguish the goods or services that are produced or traded by an enterprise, from the ones produced or traded by other enterprises.
There must be a mark that is suitable to be a trademark. Absolute clarity must be mentioned in the desired mark where the products or services will be registered. The trademark must have distinctiveness and must be able to be shown in the registry.
Trademark Registration in the Presence Turkish Patent and Trademark Office
According to Turkish law, you can use a trademark even without registering it. However, you won’t be able to receive the benefit of the trademark protection that is provided by the Industrial Property Law. For this, you need to undergo the process of Trademark Registration in Turkey. The protection period for the trademark is ten years starting from the date of the application for registration?
Who can apply for registration?
Persons who can apply for Trademark Registration in Turkey are:
- Citizens of the Republic of Turkey
- Legal persons who are engaged in commercial or industrial activities as well as persons who are residing within the borders of the Republic of Turkey.
- Persons who have the right to apply under the World Trade Organization Establishment Agreement or the Paris Convention.
- Persons who are authorized in accordance with the reciprocity principle of the states.
But, for persons who do not have a place of residence in Turkey, then the only way out is to make transactions through their representatives.
Application and Inspection Procedure
You need to submit an application in the prescribed trademark registration application form published by the information along with the necessary documents and information that are specified in the pertinent law and regulation of the institution. The documents which are indispensable for Trademark Registration in Turkey include:
- Sample of the trademark
- Contact and identity information of the applicant
- The complete list of goods or services that are subject to application.
- Receipt that serves as proof of the payment of the application fee
- If the application is made for a common trademark or a guarantee trademark, then the technical specification arranged within the scope of Article 32 is required.
- In case a request for a property right is in question, then you need to show relevant information that the priority right request fee has been paid.
- Equivalents of the letter or letters that are not used in the Latin alphabet if such is used in the sample trademark.
Once the formal inspection of the application is completed, and it is ensured that there is no deficiency formally, the application for Trademark Registration in Turkey is finalized. In case a formal deficiency is detected, then the Institution can either reject the application or request for the correction of the deficiency within two months. Once the formal inspection of the institution is completed, the fundamental inspection phase of the trademark is started, where it is thoroughly checked whether the trademark is in violation of the absolute grounds of refusal.
If no contradiction is found, the application is announced in the trademark bulletin. Once the application is announced in the Trademark Bulletin, the 2-month objection period also begins. The main purpose of the objection period after the announcement of the trademark is to allow the claims of the relevant persons about relative grounds of refusal that can put a halt to the registration of the trademark. With the completion of all these steps, the trademark gets successfully registered.
Trademark Registration Cost in Turkey
Typically, there are three categories of Trademark Registration Cost in Turkey: official fees, attorney charges, and translation costs. This cost mainly depends on the number of classes of goods and services under which the trademark application is filed. Presently, there are 34 classes of goods and 11 classes for services.
Starting from the application date, Trademark Registration in Turkey is valid for 10 years and is renewable for a successive ten years period. Yes, it is possible to file multi-class trademark applications but you should note here that the filing fee for trademark registration in a second class and each additional class that is beyond the second class is the same as that for filing in one class.
Let us consider a trademark application that is to be electronically filed within four classes. We are considering that the services are described on a single page that requires translation, and that there is no priority claim. Just, for instance, the applicant could be a travel organizer who needs to register under Class 36, Class 39, Class 41, and Class 43. Thus, starting from the filing to the registration, the estimated Trademark Registration Cost in Turkeycan add up to approximately $2,050, which is inclusive of the Value Added Tax. This is also inclusive of the translation costs and attorney charges.
Key Takeaway:
Now, that you have a better understanding of the complete Trademark Registration process and also the estimated Trademark Registration Cost in Turkey, get it done by looking for those offering services of Trademark Registration in Turkey at affordable rates.
