What do trademark law services include?
Trademark application
Opposition to the application decision
Trademark registration
Trademark renewal and trademark assignment
Change of trade name and address for a trademark
Preliminary injunctions in cases of trademark infringement
Prevention of trademark infringements
How is a trademark application filed?
Citizens of the Republic of Turkey and, under international treaties, citizens of foreign countries may apply for trademark registration. While Turkish citizens may also apply in person, foreign nationals can file their applications only through a trademark attorney.
Where is a trademark registration application filed?
Trademark registration applications must be filed with the Turkish Patent and Trademark Office. Protection begins as of the date of the trademark registration application.
What signs can constitute a trademark?
A trademark may consist of any kind of sign, provided that it distinguishes the goods or services of one undertaking from those of other undertakings and can be shown in the register in a way that makes the subject matter of the protection granted to the trademark owner clearly and precisely understood.
Such signs include words (including personal names), figures, colors, letters, numbers, sounds and the shape of goods or their packaging.
Who can benefit from the protection provided by the Industrial Property Code (No. 6769)?
A) Citizens of the Republic of Turkey,
B) Natural or legal persons domiciled in the Republic of Turkey or engaged in industrial or commercial activity within its borders,
C) Persons entitled to apply under the Paris Convention or the Agreement Establishing the World Trade Organization dated April 15, 1994,
D) Under the principle of reciprocity, nationals of states that grant industrial property protection to nationals of the Republic of Turkey.
What is the role of a trademark attorney?
Trademark attorneys are responsible for establishing and protecting applicants' rights before the Turkish Patent and Trademark Office and for maintaining and conducting all dealings with the administration in this regard.
While applicants residing in Turkey are not required to appoint an attorney, foreigners applying to the Turkish Patent and Trademark Office must appoint one. This requirement arises from the Paris Convention.
What are the relative grounds for refusal in trademark registration?
Upon opposition, an application is refused if there is a likelihood of confusion, including a likelihood of association by the public, with a registered trademark or a trademark with an earlier application date, because the trademark applied for is identical or similar to that trademark and the goods or services it covers are identical or similar.
What happens if a registered trademark is not used?
A trademark is revoked if, without a justified reason, its owner has not put it to genuine use in Turkey for the goods or services for which it is registered within five years from the date of registration, or if its use has been suspended for an uninterrupted period of five years.
What can be done in case of trademark infringement?
Trademark infringement has both criminal and civil consequences. If infringement is established, the criminal provisions on trademark infringement apply, and trademark owners harmed by the infringing act may also file an action for pecuniary and non-pecuniary damages.
How can the invalidity of a trademark be asserted?
An invalidation action must be filed to assert the invalidity of a trademark. This action is filed on the grounds that the trademark was registered unlawfully or that the grounds requiring protection of the trademark lost their legal basis after registration.