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Trademark in Turkey
Applying For a Trademark in Turkey: What Are The Reasons? & The Things Cannot Be Trademarked.
Here, in this article, we will discuss why trademarks are important, how to get a trademark in Turkey, and what are the things that cannot be trademarked.
Trademark in Turkey: What is a trademark? Trademarks became a necessity in today’s world. People, brands, or companies want to protect their brand distinctiveness. No one is willing to have a similar logo, words, package, or all the things regarding the “brand identity.” Because of this, they apply to get the trademark.
Related Article: The Differences between Trademark and Patent
Reasons to Apply for a Trademark in Turkey
Trademark is so important. But why? Below are some reasons why a person, brand, or company needs to apply for a trademark for their products or services.
1. Differentiate your company from others:
Distinct features, such as words, logos, phrases, make the customer easily recognize your company. Imagine if one company is having the same logo as another company. Where’s your originality? As a result, there will be a lot of confusion among consumers, and no company wants that.
Nike is known for its chill phrase “Just do it.” McDonald’s is proud to have its “Happy Meal Box.” And if there is a blue square with an “F” letter colored white in it, everyone knows that it’s the Facebook logo. Thus, a trademark in Turkey is very important for your business.
Trademarks more and less will allow people, brands, or companies to have a special place in their customer’s hearts. How great it is to make a killing logo, design, copywriting just for you. No one will be able to plagiarize your identity.
2. Let people know it is your products/services:
Frankly saying, the trademark is like an implied name tag. When people see it, people know that it’s yours. Just as simple as that. Seems like a crucial thing, isn’t it? Indeed. Just imagine.
When one person accidentally uses your products or services and gets satisfied with them, they automatically will try to know what brand it is or what company offers it. The time after they saw that logo or words, you are lucky. It will be saved in their memory, and your chance to get more customers will increase.
3. Having an important role in co-branding:
Co-branding is a marketing strategy to increase the brand equity of the product by collaborating with two brands to create one special product or service.
For example, Apple and Nike. They introduced the “Apple Watch Nike” back in 2016. And this alliance became a successful co-branding partnership until now. When you observe this case from a customer’s viewpoint, it is all about the brand, just like its name “co-branding.”
The product or service they create together will arrive at the customer. The customer will know this product or service is a true co-branding result after seeing the logo or any kind of identity of both parties in its marketing process.
So the nightmare is, what if people think this does not belong to your company? Just because they think this is another company with the same signs. Not a good idea, isn’t it? So, have you realized how important having a trademark is? We certainly hope so.
Are you looking to establish a company in Turkey? And get your product, logo, or brand a trademark in Turkey? You can contact our expert lawyers in Turkey and they will help you with all your legal affairs.
The Things Cannot Be Trademarked
After knowing the importance of trademarks, people start to make trademarks to their intellectual properties, some signs to make people recognize them or their company.
Some kinds of stuff that cannot be applied for a trademark include:
- The title of ordinary companies,
- Private high schools and secondary schools,
- Kindergarten’s name,
- Economic enterprises of associations/foundations,
- A/B ordinary partnership,
- Certain names or another sign without consent from the person,
- Government symbols,
- Derogatory or vulgar words or phrases,
- Deceptive, immoral or, or scandalous words or symbols,
- Written works or musical works, because these are covered by copyright instead,
These are bits of things that you cannot trademark. Hope it will help you to give an understanding.
Why and How to Register a Trademark in Turkey?
In Turkey, trademarks and privileges are acquired by registering, however substantial previous use of the brand may provide certain rights in some extremely particular situations. Applications for trademark registration in Turkey must be submitted to the Turkish Patent Institute (TPE). Turkey is a member of the Madrid Protocol as well. As a result, this country can use the Madrid System to extend the worldwide registration of a trademark.
A trademark doesn’t need to be in use at the time of filing or registering. Prior usage, on the other hand, maybe beneficial in overcoming an opposition based on a lack of uniqueness. If you register and file a mixed trademark in Turkey (which includes both word and figurative components), your sole right to use the trademark is restricted to the precise form or method it was registered and filed. If you want to utilize your trademark’s word element separately from the logo (or vice versa), you need to file for a new trademark that includes just the word or figurative components you want to preserve and use.
However, if a third party wants to acquire or register a trademark in Turkey for similar services or products that contain a major or distinctive component or section of your trademark in Turkey, you will have the right to oppose the request on the grounds of confusing resemblance. The chances of an objection succeeding will vary based on the facts in each instance. After the trademark application has been examined by the Turkish Trademarks Office, it will be published in the Official Trademark Bulletin of Turkey, and interested third parties will have two months to file trademark objection actions.
Usage of a brand is not required to be registered as a trademark in Turkey. However, if the trademark is not utilized commercially in Turkey within five years after registration, it may be subject to revocation procedures based on non-use. Trademarks in Turkey are granted for ten years from the date of registration, following which they can be extended for another ten years. Within six months after the expiration date, a trademark renewal can be submitted. There is also a six-month time limit following the registration date during which the trademark in Turkey can be renewed for an extra charge if it has been renewed late.
In Turkey, the “.com.tr” (ccTLD) domain extension is only available to Turkish firms or those who have a Turkish trademark registration. As a result, registering your trademark in Turkey might help you get a “.com.tr” domain name for your web services.
Trademark Application and Registration in Turkey – Frequently Asked Questions
How long does it take to register a trademark in Turkey?
From filing through registration, a typical trademark application in Turkey takes six to eight months (two months examination stage, two months publication stage, two months decision phase if no opposition is filed, one or two months registration and certification stage). Each objection or former rejection may take six to eight months, plus the same amount of time for appeals.
What documentation and information should be supplied to get a trademark filing date in Turkey?
The following should be submitted to obtain the filing date.
► Identification of the applicant is required (name or title, and address),
► Sample of trademark (minimum size of 512×512 pixels and resolution of 300 DPI),
► List of goods and services,
► Payment of the official fee for the application,
If any of the aforementioned conditions aren’t fulfilled, the procedures officer prepares and sends a shortfall notice, requesting that the lacking item be completed within two months of the deficiency letter’s notice. The filing date will be changed to the day on which all mandatory information, including payment, is completed.
Is it feasible to apply for a trademark in more than one class (multi-class application) in Turkey?
Yes, applicants can petition for and claim services and products in several categories (multi-class trademark application). There are no restrictions on the number of classes that may be claimed, thus applicants can claim all 45 classes in the same trademark application. The applicants will be required to pay an authorized fee for each claimed class in this scenario.
What factors go into determining the authorized costs for submitting trademark registrations in Turkey?
Authorized fees are determined by the number of classes submitted. For each claimed class, the applicants must pay the same price. The number of items or headings claimed within each class or the type of the trademark application (color, device, word, 3-D, etc.), or type of the entity, legal or natural, does not affect the amount of the filing fee.
Is it necessary to translate/transliterate a trademark into Turkish for it to be used and registered in Turkey?
In written language, Turkey uses Latin alphabets. As a result, foreign-origin trademarks stated in Latin alphabets are registered exactly as they appear in the language of origin. Because Turkish trademark law does not require the disclosure of the trademark’s meaning, no translation of the trademark into Turkish in a foreign language is necessary, regardless of whether the trademark is inscribed in Latin letters or not. The Turkish Patent and Trademark Office, on the other hand, requires that a trademark be transliterated into Latin letters if it is stated in alphabets other than Latin alphabets, such as Cyrillic, Japanese, or Chinese characters.
What is the Turkish Industrial Property Code’s definition of a trademark in Turkey?
Trademark in Turkey is defined in the Turkish Industrial Property Code as follows:
Trademarks in Turkey can be any signs, including words, figures, colors, letters, numbers, sounds, and the shape of goods or their packaging, as long as they are capable of distinguishing one undertaking’s services or products from those of others and are symbolized on the register in a way that determines the clear and precise subject matter of the protection afforded to its proprietor (Article 4 (1) IPC).
Is it possible to register non-traditional trademarks (3-D, odor, sound, or motion) in Turkey?
According to the Turkish Industrial Property Code, non-traditional trademarks (3-D, odor, sound, or motion) can be registered as a trademark in Turkey. While the code allows for it, the registration process is exceedingly difficult. It’s to be anticipated that the petition will be denied in the first instance, and the applicants will need to submit an appeal and show that the non-traditional mark asked for has gained uniqueness in the Turkish market.
Do you have any more questions concerning trademark applications and registration in Turkey? Please get in touch with us. We will respond to your inquiries as quickly as possible.
References
- iGERENT. Trademark Registration Process in Turkey. Retrieved July 17, 2021, from: <https://igerent.com/trademark-registration-turkey>
- TURKLEGAL. FAQs -Trademark Application and Registration in Turkey. Retrieved July 17, 2021, from: <https://turklegal.com.tr/en/faqs/trademarks/faqs-trademarks-prosecution-in-turkey.html>
