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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Turkey it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Turkey, who will carry out all needed tasks before the Trademark Office in Turkey in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Turkey.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Turkey. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Turkey.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

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If I register my trademark in Turkey, do I have protection in other territories?

No. The scope of protection is limited only in Turkey.

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Do I need to sign a Power of Attorney?

Yes. A power of attorney is required during the prosecution process.

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Are there any benefits from a pre-filing use of the trademark?

Yes. The applicant may benefit from pre-filing use by: 

  • Using it as evidence of ownership before the Turkey Trademark Office during disputes
  • Using it to demonstrate the mark’s distinctiveness
  • Using it to dismiss disputes on the ground of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?

An unused trademark is vulnerable to getting cancelled.

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What are the types of trademark that can be registered in Turkey?

A mark that can be recreated graphically and can help distinguish a good/service from others is registrable: 

  • Words
  • Slogans
  • Names
  • Holograms
  • Trade dress
  • Smell
  • Shapes with 3 dimensions
  • Colours
  • Devices
  • Sounds
  • Motions
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What are the phases of application after a trademark has been filed in Turkey?

The sequence of trademark processing in Turkey is as follows: 

  1. Examination – The application will be examined in terms of:
    • Formalities or compliance with requirements
    • Proper classification of goods/services
    • Clarity of descriptions
    • Descriptiveness
    • Capability to be represented graphically
    • Deceptiveness
    • Conflict with prior registrations
  2. Publication – Details about the application will be made available to everyone through online posting and in the Bulletin of Trademarks
    • Mark
    • Applicant’s name
    • Applicant’s address
    • Application’s date
    • Application’s number
    • Goods and services
    • Representation of trademark
  3. Registration – Once the examiners did not refuse the application and if oppositions after publication have been resolved, the trademark office will then issue the registration grant
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What type of trademark is non-registrable?

These marks are non-registrable:

  • Touch
  • Taste
  • Generic words or common terms
  • Marks that serve as geographic location names
  • Marks that include flags, names or symbols of nations, states, regions and international organizations
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Does Turkey use the "Nice Classification" system?

Turkey uses the Nice Classification system for general guide.

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Is there any possibility to claim priority in Turkey?

Yes. The date of home application can be accredited as the date of filing in Turkey if: 

  • Home country is a Paris Convention signatory
  • Home filing date is within 6 months prior to Turkey filing date
  • Home country is a party to WTO (World Trade Organization)
  • International registration can be based in Turkey
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What do I need to do to satisfy the use requirement?

Registered marks in Turkey are mandated by law to be used continuously without interruption starting 5 years before its expiration date.

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Once my trademark has been registered, for how many years will be valid?

Trademarks that are registered in Turkey are valid for 10 years starting on the application date.

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What will be the renewal date of my trademark?

The first renewal will be 10 years from the date when the application was filed.

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Is it legal to use my trademark even if it is not yet registered?

Yes. Unregistered marks can be legally used for any goods or services.

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Does having a registered trademark in Turkey afford me any right?

Registration is not a legal requirement to secure ownership rights to a trademark. The first party to file for application gets the entitlement to registration.

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What is the web address of the trademark national office?

You can visit the Turkey trademark office online at: http://www.tpe.gov.tr/TurkPatentEnstitusu/?lang=en

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Is there any need to use my trademark before I apply for registration?

No. The Turkish trademark law does not mandate applicants to use the mark before filing for application.

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What are the grounds for a Trademark Application to be opposed?

Trademarks are opposed on these grounds: 

  • Proprietary rights
  • Conflict with moral principles and public policy
  • Inclusion of geographical indications
  • Generic marks or common terms
  • Conflict with a famous personal name
  • Conflict with a registered design
  • Conflict with trade names
  • Registration under a different name such as name of agent or other representatives
  • Inclusion of an armorial bearing, protected emblem or flag
  • Conflict with a famous mark
  • Breach of copyright
  • Functional, misleading, deceptive, disparaging or descriptive mark
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Who can contest my trademark registration?

Registrations can be opposed by owners and licensees of an earlier right.

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Is it possible to cancel a registration?

A registration might be cancelled for any of these grounds: 

  • Lack of genuine use
  • Incompatible with moral principles and public policy
  • Use of geographical indication
  • Generic mark or common terms
  • Conflict with a personal name
  • Conflict with registered designs
  • Conflict with trade names
  • Mark was registered under a representative’s name
  • Use of protected flags, emblems or armorial bearing
  • Conflict with a well-known or notorious mark
  • Proprietary right
  • Breach of copyright
  • Descriptive, non-distinctive, functional, or misleading/disparaging/deceptive mark
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Are there any rights established by having a registered trademark?

Yes. Only owners of a registered right can secure these rights: 

  • Exclusive right to use the mark
  • Right to contest conflicting applications filed at a later date
  • Right to appeal against conflicting marks registered at a later date
  • Right to sue third parties for infringement
  • Right to demand for damages due to infringement
  • Right to license/authorize third parties to use the mark
  • Right to appeal of seizure of importation of fake goods
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How long is the opposition period?

The opposition period officially starts when the application is printed in the Trademarks Bulletin and ends three months later. If the end date falls on a non-working holiday, it will be moved the following the next day.

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Is Turkey a member of the Madrid System?

Yes. Turkey is a party to the Madrid Protocol.

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Do I need to present periodic statement of use?

No. Owners are not required to present a periodic statement of use.

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When should I renew my trademark?

Renewals are made every 10 years from the last date the mark was renewed.

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What will be the renewal date of my trademark?

The first renewal will be 10 years from the date when the application was filed.

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Is there any documentation that should be presented when renewing a trademark?

No documentation is needed if the same attorney that processed the initial registration will process the renewal. A power of attorney will be needed if a new attorney will handle the renewal.

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If my trademark expires, do I have a grace period?

Expired trademarks are still possible to renew within 6 months from the expiration date.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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