| Step number | Step corresponding information |
| Step 1 | ”Trademark” means trademarks or service marks including guarantee marks and collective marks.
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. |
| Step 2 | Persons Authorized to Act (Before the Institute) Natural and legal persons who are not domiciled or who have no industrial or commercial establishments within the territory of the Republic of Turkey can only be represented by trademark agents. Trdemark attorneys list can be accessible at: Where an agent has been appointed, all procedures are executed through the agent. |
| Step 3 | Absolute Grounds for Refusal for Registry of a Trademark a) trademarks identical or confusingly similar with a trademark registered earlier or with an earlier date of application for registration in respect of an identical or same type of product or services, b) trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind, characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services, c) trademarks which consist exclusively of signs and names used to distinguish specific groups of craftsmen, professionals or tradesmen or have become customary in the current and established practices of the trade, d) signs containing the shape of the product which results from the nature of the good, which is necessary to obtain a technical result or which gives substantial value to the good, e) trademarks which are of such a nature as to deceive the public, such as to the nature, quality, place of production or geographical origin of the goods and services, f) trademarks which have not been authorised by the competent authorises and are to be refused pursuant to Article 6ter of the Paris Convention, g) trademarks containing badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention which have not been authorised by the competent authorises and are of particular historical and cultural public interest, h) trademarks which have not been authorised by their owners, well known marks according to 6bis of the Paris Convention, i) trademarks which contain religious symbols, j) trademarks which contrary to public policy and to accepted principles of morality. |
| Step 4 | Filing of Application An application for registration of a trademark must be filed with the following: a) a petition, the form and contents of which specified in the Implementing Regulations, including information identifying the applicant, b) a representation of the trademark suitable for reproduction, c) list of the product or services for which the trademark shall be used, d) the original receipt documenting the payment of the application fees, e) the original receipt documenting the payment of the class fees, f) power of attorney if an agent is appointed, g) signature circular where the applicant is a legal person, h) 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. All documents filed with the application for registration of a trademark or submitted later to the Institute must comply with the Implementing Regulations. |
| Step 5 | Examination of trademark applications in Turkish Patent Institute Trademarks Department of the Turkish Patent Institute carries out an examination system, which consists of examination for absolute grounds for refusal and also ex-officio examination for prior rights. If no grounds for refusal is found in the first examination, the application will be published in the monthly Official Trademark Bulletin. Third persons may file oppositions in 3 months time limit following the publication date of the Bulletin. If there are no oppositions filed within the abovementioned time limit, the application will be registered in the Trademark Register and it will be published in the Official Trademark Gazette. If the application is refused totally or partially in the first examination, the applicant may lodge an appeal to the Institute in 2 months time limit.In this case, the application should be re-examined regarding the appeal. If the appeal is found acceptable, the application will be published totally or partially in the Bulletin, this means that the application may be the subject of a further refusal following an opposition. For the examination of oppositions and appeals, TPI Trademarks Department has a separate division (oppositions and appeals division). Parties who are not satisfied with the decisions of this division can also appeal to the decisions before the Institute. “Re-examination and Evaluation Board” is the final decisive organ of the Institute; the decisions of the board are open to court actions in 2 months time limit. |
| Step 6 | Registration Where an application filed under the provisions of this Decree Having the Power of Law and the related Regulations, has been found to be without defects or its deficiencies remedied or received no opposition within the prescribed period or the opposition of which has been refused shall be entered in the Register. The applicant shall receive a ‘Trademark Certificate of Registry’. Registry shall include; date of registration of the trademark, representation of the trademark, application date, the list of the goods or services in respect of the trademark, classifications of the goods and services, the name and nationality of the proprietor of the trademark and agents name if applicable, title, address and country of registry of the legal person, changes relating to the trademark and to the rights on the trademark as well as other particulars specified in the Implementing Regulation. Trademark registry is open to the public. Upon request and payment of the prescribed fee a copy the register shall be available. |
| Step 7 | Duration of Registry Trademark is registered for a period of ten years from the date of filing of the application. Registration may renewed for further periods of ten years. |
| Step 8 | Renewal Registration of the registered trademark shall be renewed, upon the payment of the renewal fee at the request of the right holder or of the person authorised by him. |
| Step 9 | Detailed information about “How to apply for a trademark protection” is available at http://www.tpe.gov.tr/portal/default_en.jsp?sayfa=131 |
| Step 10 | International applications through the Madrid System: The second alternative for making a trademark application in Türkiye is to use the Madrid System which is administered by World Intellectual Property Organisation (WIPO). Madrid system is formed by two treaties complementing eachother. These treaties are the Madrid Agreement and the Madrid Protocol. Türkiye is a member of the Protocol only. Therefore, it accepts applications from the States which are party to the Protocol only or from the States which are party to both the Agreement and the Protocol. In both cases, the governing treaty for the international applications filed to Turkish Patent Institute is the Madrid Protocol. Who can benefit from the Madrid System? How does the System work? For detailed information about the international applications through the Madrid System, please follow the link http://www.wipo.int/madrid/en/ in web site of WIPO. |
| Step | Fees (Turkish lira) | Comments | |
| Standard Filling Fees | 150 | ||
| Standard Publication/Granting fee | 630 | 110 TRL : Preperation of certified copy 220 TRL : Proceedings for applications under the Madrid Protocol 300 TRL : Application for registration for two classes | |
Additionnal fees :
- 450 TRL : Issuing the certificate of registration
- 435 TRL : Registering of Transfer
- 435 TRL : Registering / Renewal of License
- 315 TRL : Registering of Inheritance
- 320 TRL : Registering of pledge
- 50 TRL : Registering of Change of Name
- 20 TRL : Registering of Change of Address
- 120 TRL : Recordal of a priority claim
- 77 TRL : Surrender of a trademark (total or partial)
- 115 TRL : Issuing the priority certificate for international applications whose Office of origin is Turkey
- 300 TRL : Appeals against the decisions of the Turkish Patent Institute
- 435 TRL : Recordal of a merger
- 320 TRL : Placing the trademark as security
- 100 TRL : Oppositions to the trademark applications being published at the Official Trademark Bulletin
- 30 TRL : Acknowlegdement of receipt
- 110 TRL : Preperation of certified copy
- 220 TRL : Proceedings for applications under the Madrid Protocol
- 300 TRL : Application for registration for two classes
- 40 TRL : Recordal of correction
Defensive Actions
Opposition
General information
Who can file an opposition against my trade mark?
Third parties can file an opposition againt your trademark.
Can I file an opposition against a someone else’s trade mark?
Yes, you can file an opposition against a someone else’s trade mark.
Are there specific deadlines/timeframes which I have to observe in connection with opposition proceedings?
Notices of opposition to the registration of a trademark on the ground that it may not be registered under Article 7 or 8, and notices of opposition on the ground that there is evidence of bad faith in the application, shall be submitted within three months of the publication of the application.
Who will take a decision on the opposition?
Institute will take a decision on the opposition.
Signpost
Cancellation
General information
Who can file a request for the cancellation of my trade mark?
Third parties can file a request for the cancellation of your trademark.
Can I file a request for the cancellation of someone else’s trade mark?
Yes, you can file a request for the cancellation of someone else’s trade mark.
Are there specific deadlines/timeframes which I have to observe in connection with a request for cancellation / cancellation proceedings?
Cancellation proceedings can be request at any time.
Who will take a decision on the cancellation?
A registered trademark will be cancelled by the court
Links
Limitation
General information
Who can restrict my trade mark rights?
Institution decision or 3 rd parties opposition can restrict your trade mark rights.
Can I restrict someone else’s trade mark?
Yes, you can restrict someones else’s trade mark.
Are there specific deadlines/timeframes which I have to observe in connection with limitation?
No, there are no specific deadline which you have to observe in connection with limitation.
Signpost
Proactive Measures
Action under competition law
Action for damages
Customs Seizure
General information
What does customs seizure mean?
The customs authorities can seize counterfeit goods during importation or exportation. The main infringement action is to be instituted before the Turkish court within 10 days from the notification of seizure by the customs in Turkey.
Signpost
Instruments
Preservation of Evidence
A colour icon describes the complexity of each question as follows:
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A useful tool for how to apply for a trademark:
http://www.tpe.gov.tr/TurkPatentEnstitusu/commonContent/MAbout
Trademark law in Turkey and some international aggreements:
http://www.tpe.gov.tr/TurkPatentEnstitusu/laws/informationDetail?id=102
Application and some other forms:
http://www.tpe.gov.tr/TurkPatentEnstitusu/forms/informationDetail?id=100
For more information, please visit our website : www.turkpatent.gov.tr
| Year | Standard fees (Turkish lira) | Reduced fees (Turkish lira) | Comments |
| 10 | 536 |
If you have mobile or electronic signature you can pay reduced fees. For reduced fees please visit our web page.