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Latest News: 06-28-2017 (Newsletter Issue 12/17)
Guidelines for Proof of Use in Opposition Proceedings
According to the New IP Law 2017, the Turkish Patent and Trademark Office (Türkpatent) can ask, at the applicant’s request, for proof of the opponent’s use. If the opponent does not prove its use, the opposition will not be accepted.

Türkpatent has now published guidelines for such proof of use in opposition proceedings assisting both the applicants who shall claim proof of use and the opponents who shall present evidence of use in oppositions proceedings.

The Guideline states that within a one month time frame, the applicant can not only submit his counter arguments but with the same form can also ask the opponent to prove use of the mark upon which the opposition is based. Or alternatively, should the applicant not submit any counter arguments, evidence of such use can be requested by a letter to Türkpatent using the wording provided in the Guideline.

For further information, please check the article from our Country Index partner Ofo Ventura here

Source: Ofo Ventura, Turkey


01-25-2017 (Newsletter Issue 2/17)
Major Changes in New IP Law
The new Industrial Property Law, Industrial Property Law – Law no. 6769, (hereinafter “New Law”) has gone into effect in Turkey as of January 10, 2017.

The New Law replaces the Turkish Trademark Law (Decree Law No. 556 for the Protection of Trademarks) along with Patent Law (Decree Law No. 551), Industrial Design Law (Decree Law No. 554) and Geographical Indication Law (Decree Law No. 555).

Although the New Law has gone into effect, the previous Turkish Trademark Law will continue to be in effect in relation to processing trademark applications which were filed before January 2017, 10. Trademark applications which were filed on or after January 10, 2017 will be processed within the frame of the New Law.

Some major changes are:
- Introduction of Letter of Consent
- Reduction of opposition period to 2 months for applications filed on or after January 10, 2017
- Recognition of Proof of Use
- Bad faith as explicit ground for opposition and invalidity
- Renewal terms (regular and grace period) are calculated from the actual expiration date of the trademark registrations
- Regulation of cancellation proceedings as administrative proceedings

For further information, please see the article from our Country Index partner Istanbul Patent A.S. which can be accessed here

Source: Istanbul Patent A.S., Turkey


01-11-2017 (Newsletter Issue 1/17)
New Industrial Property Law Now in Force
The New Industrial Property Law has been published in the Official Gazette and went into force on January 10, 2017.

Source: Istanbul Patent A.S., Turkey


01-10-2017 (Newsletter Issue 1/17)
Temporary Gap in the Law
Currently there is a temporary gap in the law with respect to non-use cancellation filings of trademarks in Turkey as the Constitutional Court has ruled that Article 14, which regulates use requirements of trademarks, of Turkish Trademark Law, Decree Law no. 556, is unconstitutional because it violated Article 91/1 of the Turkish Constitution. The ruling has been published in Official Gazette and went into effect as of January 6, 2017.

Article 91/1 of the Turkish Constitution regulates that basic rights, including right of ownership, cannot be regulated / limited by Decree Laws. Turkish Trademark Law, Decree Law no. 556, is a Decree Law which was passed by cabinet not by parliament.

However, the Turkish Parliament has already passed a new Industrial Property Law, on December 22, 2016, which will go into force with its publication in Official Gazette. The new law covers trademarks, patents, industrial designs, and will replace the current decree laws regulating these fields. By this, non-use cancellation action will be possible once the new law goes into effect.

The full text of the decision issued by Constitutional Court is available in Turkish on the website of Official Gazette here. The new law, Industrial Property Law, is available in Turkish on the website of Turkish Parliament here.

An article has been provided by our Country Index partner Istanbul Patent A.S. which can be accessed here

Source: Istanbul Patent A.S., Turkey



09-13-2016 (Newsletter Issue 16/16)
Electronic Mailbox System for Notifications
The Turkish Patent Institute (“TPI”) has launched an optional electronic mailbox system for Trademark and Patent Attorneys to receive notifications. From August 17, 2016, attorneys can log into the mailbox system using e-signatures and electronically sign an undertaking on their first login.

For notifications uploaded to the mailbox system, the receipt date is either:
- The date an Attorney logs into their mailbox, if the login is within ten days of the TPI uploading the notification.
- The tenth day after the TPI uploads the notification, if an Attorney fails to log into their mailbox within this period.
To ensure the system’s reliability and to avoid any possible loss of rights, Attorneys will receive a daily email to their regular email address, containing a list of notifications available in their TPI mailbox.

The TPI mailbox system is optional at this stage and only available to Trademark and Patent Attorneys. Legal entities and natural persons acting on their own behalf will continue to receive their notifications via post and registered e-mail system.

TPI’s announcement can be seen here (only available in Turkish).

Source: Moroğlu Arseven,Turkey


05-18-2016 (Newsletter Issue 9/16)
Final Draft on IP Law Introduced
On April 6, 2016, the final draft of the "Law on Industrial Property" was introduced to the Turkish parliament. The draft would substantially strengthen the protection of intellectual property rights in Turkey and will replace the current decrees governing intellectual property after its adoption.

The draft law was prepared in accordance with EU law and practice as Turkey works to comply with EU requirements , leading the way for substantial change to Turkey’s intellectual property rights practice for patents, utility models, trademarks, industrial designs and geographical indications.

For more information, please see the contribution of the authors Mine Güner & Canan Aktaş, Esin Attorney Partnership, Member firm of Baker & McKenzie International, Turkey here

Source: Esin Attorney Partnership, a member firm of Baker & McKenzie International, a Swiss Verein, Turkey


03-02-2016 (Newsletter Issue 4/16)
Trademark Bulletin Twice per Month Now
The Turkish Patent Institute (TPI) has announced that from February 2016 onward, the Official Trademark Bulletin (Bulletin) will be published twice per month. It was previously published in the first half of each month, on the Turkish Patent Institute’s website.

Trademark oppositions must be filed within three months of the date which a trademark application is published in the Bulletin. Therefore, due to the recent changes, opposition deadlines will now fall into the first or second half of the month, according to the relevant Bulletin’s publication date.

The first bi-monthly bulletin is going to be published on February 29, 2016.

Source: Moroglu Arseven Partners, Turkey


02-17-2016 (Newsletter Issue 3/16)
Official Fees Increased
The Turkish Patent Institute ("TPI") has increased intellectual fees such as trademark application fees and renewal fees. The fee increase is applicable as of January 1, 2016.

The new official fee for a trademark application is TRY 285 in paper and TRY 190 online per class. The fee for each additional class remains the same, TRY 285 in paper and TRY 190 online. The issuance of a trademark registration certificate is TRY 795 in paper and TRY 530 online.

The complete list of trademark fees can be seen here

Source: www.tpe.gov.tr


12-08-2015 (Newsletter Issue 19/15)
Official Fees Be Increased Soon
The Turkish Ministry of Finance has announced verbally that the official fees for most intellectual property transactions will be raised at various rates.
The said decision is likely to be effective as from January 1, 2016. This increase will affect all trademark, patent, and industrial design applications filed after said date as well as retroactively for pending applications.

Source: JAH & Co. IP, Qatar


03-18-2015 (Newsletter Issue 4/15)
Online Application System Implemented
As of January 18, 2015, the Turkish Patent Institute has enabled all process of online applications via e- signature/mobile signature. For this purpose, amended Requlation has been published in the official Gazette No: 29240 and entered into force on January 18, 2015.

Meanwhile with the amended requlation, “address change fees” has been removed.

Source: www.tpe.gov.tr


01-28-2015 (Newsletter Issue 2/15)
Official Fees Increased
The Turkish Patent Institute ("TPI") has announced its 2015 tariff schedule for trademark prosecution work. This year, the TPI has introduced different fees for online and physical filings. The increased fees are applicable as of January 1, 2015.

The official fee for a trademark application is TRY 255 in paper and TRY 180 online per class. The fee for each additional class remains the same, TRY 255 in paper and TRY 180 online. The issuance of a trademark registration certificate (regardless of the number of classes) is TRY 625 in paper and TRY 520 online.

Source: Istanbul Patent & Trademark Consultancy Ltd., Turkey


09-02-2014 (Newsletter Issue 13/14)
Non-Use Cancellation May No Longer Be Possible
On 9 April 2014, the Turkish Constitutional Court has ruled that Article 42/1 (c), which provides for the non-use of a trademark as one of the grounds of invalidity, is unconstitutional on the grounds that it violated Article 91/1 of the Turkish Constitution.

For detailed information, please see the article on 'Non-use Cancellation of Trademarks may no Longer be Possible in Turkey' from our Silver partner Istanbul Patent & Trademark Consultancy Ltd here.

Source: Istanbul Patent & Trademark Consultancy Ltd., Turkey


06-14-2013 (Newsletter Issue 9/13)
Online Opposition Available
On May 24, 2013, the Turkish Patent Institute (PTO) has made online opposition to published trademarks available.

Other online services like filing for trademark applications are available since 2007. The possibility to file for electronic trademark renewals has been made available on February 4, 2013.

Source: Istanbul Patent & Trademark Consultancy, Turkey


01-18-2013 (Newsletter Issue 1/13)
Official Fees Increased
The Turkish Patent Institute (PTO) has increased its official fees.

The official fee for a trademark application is now TRY 150.00 (approx. EUR 64.00) for a single class and TRY 150.00 for each additional class. The official fee for issuing the certificate of registration is now TRY 450.00 (approx. EUR 191.00).

Source: Moroglu Arseven Law Firm, Turkey and AZe Marka Patent Ltd., Turkey


12-04-2012 (Newsletter Issue 18/12)
PTO Announced Reforms
The Turkish Patent Institute (PTO) announced that they undertake significant reforms.

The overall process for trademarks, patents and industrial designs will be shortened, and the certificates of registration for trademarks will be issued online. Notifications to be issued by the Patent Institute will be sent online, and all petitions of opposition, response and appeal will be also filed online.
The process of trademark registration will be shortened to be seven months instead of 12 months.

In addition, the Registry is planning to publish trademark applications on a daily basis as applied by the Office for Harmonization in the Internal Market (OHIM) rather than publishing monthly trademark bulletins.

Source: www.tpe.gov.tr and AGIP, Turkey


12-01-2011 (Newsletter Issue 14/11)
Change of Practice in Class 35
Although Turkish Patent Institute (Turkish PTO) accepts specifications for retail services with the reference to the goods or types of goods to which those services relate in international applications designating Turkey, it did not accept such specifications which provide details with regard to the goods or types of goods to which those services relate in local applications until 19th October 2011.

Before 19th October 2011, Turkish PTO used to amend all types of retail service specifications with the exact wording of the explanatory notes to class 35 of the NICE Classification, which is “the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods”.

The Turkish PTO has changed its practice with regard to retail services specifications with an announcement which was published in Official Gazette on 19th October 2011 and has gone into effect in the same day. The said announcement may be seen at the official website of the Gazette here

Now, specifications for retail services with the reference to the goods or types of goods to which those services relate are accepted in Turkey. In addition, the exact wording of the explanatory notes to class 35 for retail services also continue to be accepted in trademark applications.

Source: Abdurrahim Ayaz, Istanbul Patent & Trademark Consultancy, Ltd., Istanbul, Turkey


01-01-2011 (Newsletter Issue 1/11)
Official Fees Reduced
The Turkish Patent Institute has reduced the official trademark fees effective from January 1st, 2011.

The official fee for a trademark application is TRY 120.00 (approx. EUR 59.00) for a single class and TRY 120.00 for each additional class.
The official fee for issuing the certificate of registration is TRY 400.00 (approx. EUR 197.00).

Please check the official fees here

Source: Istanbul Patent & Trademark Consultancy, Ltd., Turkey


07-30-2009 (Newsletter Issue 2/09)
Shorter Processing Times
The processing time of a trademark application is approx. 10 to 12 months. The first office action with regards to absolute ground examination is issued in 2 to 5 months, and 1 to 2 months with regard to formalities examination.


Legal basis is Industrial Property Law no. 6769, which has gone into effect as of January 10, 2017.
Turkey is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, holograms, motion marks, colours or colour combinations, the three-dimensional form of a good or its packaging and any combination of the mentioned signs, including sound marks graphically represented, but no olfactory marks.
The following trademark types are registrable: trade marks and service marks, collective marks and guarantee marks.
The application is filed at the competent National Patent and Trademark Office (Turkish Patent and Trademark Office).
Multiple-class applications are possible.
Foreign applicants need a local agent.
A non-legalised power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The examination procedure includes formality examination, classification examination, absolute ground examination which includes prior right search.
The processing time from first filing to registration is approx. 10 to 12 months. The first office action with regard to absolute ground examination is issued in 2 to 5 months, and 1 to 2 months with regard to formalities examination.
The trademark application is published twice a month in the official trademark bulletin “Resmi Markalar Bülteni”.
The trademark is registered at the end of the opposition period, if no opposition was filed or if the opposition was successfully defeated, provided that the registration fee is paid.
National:
The opposition period is 2 months for trademark applications filed on or after January 10, 2017 which is when the New Law (Industrial Property Law) has entered into force.
The opposition period is 3 months for trademark applications filed before January 10, 2017.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable, within six months before the expiration date, for a term of 10 further years.
The grace period for renewals is 6 months following the expiration of the protection term.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration date or 5 consecutive years during registration, it may be subject to cancellation. The relevant provision in in the Law (Industrial Property Law) is Article 9/1 and 26/1 (a).

Further practical details are available in our publication on this topic here
The official fee for a trademark application is TRY 205.00 per class. The official fee for registration is TRY 560.00 which is independent of the number of classes covered.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 240,00 € 80,00 € 
Word Mark Search (identical) 90,00 € 0,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
01-19-2017
Istanbul Patent A.S., Sisli/Istanbul, Turkey  

03-21-2016
Istanbul Patent A.S., Sisli/Istanbul, Turkey  

12-02-2014
Istanbul Patent A.S., Sisli/Istanbul, Turkey  

08-14-2013
Istanbul Patent A.S., Sisli/Istanbul, Turkey  

04-26-2012
Istanbul Patent A.S., Sisli/Istanbul, Turkey  

03-07-2012
Deris Patents & Trademark Agency A.S., Istanbul, Turkey

01-09-2012
Moroglu Arseven, Istanbul, Turkey

01-31-2011
Deris Patents & Trademark Agency A.S., Istanbul, Turkey



Istanbul Patent A.S.



Abdurrahim Ayaz

Abdurrahim Ayaz
Buyukdere Cad., No. 33/16
34381 Sisli/Istanbul
Turkey (TR)
Tel +90 212 241 7272
Fax +90 212 241 7026
info@istanbulpatent.com
www.istanbulpatent.com

Istanbul Patent A.S. was found in 1997 to provide full legal services in Intellectual Property area. Based in the hart of Istanbul and branched in the capital Ankara, the firm’s services extend to entire Turkey and also to the Turkish Republic of Northern Cyprus. In addition, the firm also provides services to local and overseas clients before European Patent Office.
The firm has 15 attorneys with additional supporting staff in five departments; Trademark Department for overseas clients, Trademark Department for local clients, Patent Department, Domain Name Department and Litigation Department.
The firm has an outstanding reputation in intellectual property, and is unique for its full range of intellectual property services, ranging from copyrights, trade and service marks, patents, utility models, industrial designs, geographical Indications, Plant Varieties and copyrights, from advisory services to prosecution and protection, and related litigations. The firm has also outstanding reputation and expertise in domain name disputes.

Ofo Ventura



Özlem Fütman

Özlem Fütman
Halaskargazi CD, No 150/2
34371 Istanbul
Turkey (TR)
Tel + 90 212 219 67 33
Fax + 90 212 234 17 09
ofutman@ofoventura.com.tr
www.ofoventura.com.tr

Turkish Patent and Trademark Office (Türkpatent)
Hipodrom Caddesi No: 115
06330 Yenimahalle
Ankara
Turkey
Tel +90 312 303 10 00
Fax +90 312 303 11 73
Mail info@turkpatent.gov.tr
www.turkpatent.gov.tr


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int