An application for the registration (tescil) of a trademark (marka) can cover as many classes as the applicant wishes, however an extra fee is paid for each class exceeding three (3). The classes must be prepared according to Nice Agreement. After the Office has performed a formal examination, the registration is published in the trademark (marka) bulletin

Third parties having a similar symbol have the right to file an opposition within a period of three months as of the publication of the application in official.

The trade/service mark is registered for ten (10) years which is calculated from the application date. This period may be renewed with periods of ten years. An application for renewal must be filled before six (6) months of expiration of the protection period. If an application is not filed within the above mentioned six month period, the mark may still be renewed within the six (6) months following the expiration date, by paying a fine.

Turkish Patent Application

The patent is the most widely known protective right which is granted to you by the Patent Office after you have filed an official petition.

Inventions which are novel, which involve inventive step and which are industrially applicable shall be patentable.

Patent registartion (tescil) system in Turkey

Brief explanation of the procedure

Patent applications are subject to a formal examination at the Turkish Patent Institute. Following the formal examination, the report on the State of the Art (RSA) must be requested within 15 (fifteen) months of the application date or priority date, if any. Within 18 (eighteen) months of the application or priority date, the application is published.

The search on the State of the Art is carried out at an office accepted as searching authority and after the report is received, within 3 (three) months, the applicant must opt for the grant of the patent with or without examination.

Following the decision of the applicant and the search report is published, within 6 (six) months third parties may file their comments against the application or the content of the report. After the six month period expires, if the applicant has opted for granting patent without examination, patent is granted for a 7 (seven) year period.

In order to obtain a patent for 20 (twenty) years, the applicant must file the request for examination within 7 (seven) years. Third parties may also file a request for examination.

If the applicant opts for the system with examination, at the end of 6 (six) month opposition period, the applicant must file his reply and/or amendments within 3 (three) months. If the Institute decides that the application fulfills the patentability requirements, the patent shall be granted for 20 (twenty) years.

Industrial Design (endustriyel tasarim) registration in Turkey

All of your efforts to give your product a distinct and attractive design. For achieving this you spend so much time and money. In view of these investments, and keeping your competitors in mind, it is highly recommendable to legally safeguard your own creative ideas and performances to the best possible degree. In this sense, the industrial design is ideal as a protection right. By adopting this approach you protect the original design, the aesthetic and visual exterior design of your product against copying by others. In order to obtain a industrial design, the design which you have developed must be new and distinctly characteristic on the date of registration.

For an industrial design, there must be a one year novelty period before applying. In the sense of this regulation a design is regarded as being ‘new’ if it has, for example, been presented at a fair and then registered by the legitimate applicant within the grace period of one year.

Brief explanation of the procedure

A design application is examined as to formal requirements by Patent Institute and then registered. The registration is published in the Official Designs Bulletin for six months and if no opposition is received, the registration will take effect. If the opposition by the third party is justified, the design registration will be canceled

The registered designs are protected for five (5) years as of the application date. This period may be renewed for up to five times with a total protection period of twenty-five (25) years.

Av. Yagmur Kutlucan, attorney at Law, Avrupa Patent Ofisi

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