Trademark Law in Turkey
Trademark registration in Turkey
Trademarks are signs that are capable of distinguishing the goods or services of one company from those of others. Names including personal names, images, letters, numbers, designs, and shapes of goods, all characters that can be reproduced by printing or similar characters can be used as trademarks. The registration of the trademark grants its owner the right to forbid another person to use the trademark for goods and services which have been marketed by the owner under this trademark. The trademark owner can use the trademark personally or authorize other persons to use the trademark under license.
Would you like to register your trademark in Turkey?
Regulations on trademarks in Turkey can be found in the Industrial Protection Act No. 6769. According to this law, the registration of a trademark in the trademark register in Turkey is required for the protection of a trademark. The trademark is registered with the Turkish Patent and Trademark Office. Each trademark application is first subjected to an examination. It is checked whether the applicant is entitled to register a trademark (natural persons must be business owners, they don’t need to be entrepreneurs); It is also checked whether the requirements listed in the law are met. If the prerequisite is met, a proper registration takes place.
If the trademark application is formally correct, the existence of absolute grounds of refusal will be checked. An objection can be filed against the application within three months from the date of publication of the application for the registration of the trademark. In the event of proper registration, if no objections to the trademark application are filed or if the oppositions are legally rejected, the trademark is registered and the owner then receives a certificate of registration. The entry is published in the trademark gazette. There are absolute grounds of refusal to register if the mark is not registrable. While absolute grounds of refusal will be checked ex officio in the registration process, the examination of relative grounds of refusal only takes place when an objection is raised.
The trademark owner is the person who causes the trademark to be registered. This registration has a constitutive effect. The right to register a trademark belongs exclusively to the person who is authorized to use the trademark. The trademark owner has the right to prohibit the third party from unauthorized use of his trademark. A registered trademark can be transferred and inherited. It can also be the subject of a lien and a license. A trademark is protected for 10 years after registration. Before this period expires, this can be extended as often as you like for a further 10 years. The application for renewal and the payment of the renewal fee must be made within 6 months before the last day of the month in which the term of protection ends. If the deadline is missed, the renewal application can be submitted within 6 months from the last day of the month in which the protection period ends, provided that additional fees are paid. Trademarks that are not renewed within 6 months from the end of the term of protection will be declared null and void. The trademark does not need to be used to register the trademark. The nullity of the trademark can be sought as a result of its non-use for 5 years from the registration.
Trademark Cancellation Procedure in Turkey
If a registered trademark in Turkey does not meet the intended requirements, the trademark can be declared null and void through legal proceedings. Such cancelation procedure can be brought in by persons who have a legal interest in the declaration of nullity, by the public prosecutor’s office, or by public authorities at the locally competent local courts. This lawsuit is against the person who was registered as the trademark owner at the time the lawsuit was filed. The Turkish Patent and Trademark Office has no party status in trademark cancellation proceedings.
Art. 5 of the law on industrial property rights provides for absolute and Art. 6 relative reasons, in which case the court hast to declare the trademark null and void. If the reasons for invalidity relate only to part of the registered goods or services, partial invalidity is only to be declared concerning these goods or this service. A decision to change the brand cannot be made.
If the trademark owner knew the use of the trademark, applied for later, or if he had to know about it and, despite this, remained inactive for 5 years, he cannot submit the nullity or cancellation of this trademark if the later trademark owner is in good faith.
The application for cancellation of trademarks affects the date of application of the trademark, at the beginning of the term of protection. This retroactive effect of the nullity judgment does not affect the following cases:
1. Final judgments for violations of trademark law before the nullity judgment
2. Contracts that were concluded and executed before the judgment
The right to assert claims for damages is reserved for the injured party in the event of a trademark owner not acting in good faith.
Final judgments for the nullity or cancellation of trademarks have legal effects on everyone. After the judgment has become final, the judgment is passed on to the patent office ex officio. Once the judgment has become final, the trademark will be deleted and published.
Rely on our lawyers for trademark law in Turkey
The brand is a company’s greatest asset. It ensures the continued existence of the company and is also its core message. But brands are also often part of legal disputes. Rely on legal assistance with trademark law in Turkey. We are happy to assist you as experienced lawyers. We have already accompanied numerous companies.
Advice on trademark law in Turkey
We offer you a wide range of services related to trademark law in Turkey. Our clients often include foreign entrepreneurs, for whom we of course also provide our services in German or English. So there are no language barriers in your way.
Starting with the brand idea through to complete coverage
Wir setzen uns beim Markenrecht in der Türkei mit allen Fragen rund um die Markeneintragung und die Sicherung der Markenrechte auseinander. Brauchen Sie juristischen Beistand vor Gericht, sind wir ebenso der richtige Ansprechpartner, um Ihre Rechte durchzusetzen. Gern betreuen wir Sie bereits bei den ersten Schritten und zeigen Ihnen, welche Besonderheiten Sie bei der Markeneintragung beachten müssen. Ebenso prüfen wir für Sie, ob es bereits andere Rechteinhaber gibt.
When it comes to trademark law in Turkey, we deal with all issues relating to trademark registration and the protection of trademark rights. If you need legal assistance in court, we are also the right contact to enforce your rights. We would be happy to assist you with the first steps and show you which features you have to consider when registering a trademark. We will also check for you whether there are already other rights holders.
We offer our legal consulting services at a flat fee or hourly rate. We offer various consultation models! You can inform us about the subject by email or by filling out the form below and request a cost estimate, or call us at +90 212 660 49 00 (Istanbul) or +49 30 677 901 90 (Berlin), or send us a message through our WhatsApp hotline at +90 543 449 49 00 to arrange a consultation appointment.
