This presentation has been prepared by Kılınç Law & Consulting in order to explain the step by step trademark application according to the Turkish laws and regulations.
The Steps for the registration of a trademark is as follows;
Trademark Determination and Preliminary Similarity Survey
This is the preliminary survey process carried out before the initiation of the trademark application, in order to fasten the process for the trademark registration before the Turkish Patent and Trademark Office ("TURKISHPATENT" or "Trademark Office") that compares phrases and the figures that will be trademarked to the already registered trademarks.
The process is not essential but recommended for the pre-determination of similar trademarks.
Determination of NICE Classes and Contents which the Trademark is Registered
Based on the content of "International NICE Goods and Services Classification List" *, the application limit of the trademark within the relevant classes and goods and services are required to be determined within the scope of the trademark registration application according to the sector and the related goods and services in which the trademark shall be used.
The goods or services which is requested to be registered, must be presented as classed and with the respective class numbers. According to the list, the goods are classified in 34 (thirty-four) classes and the services are classified 11 (eleven) classes. Trademark application must be made considering that low-classes related to the sectors to be operated. The Trademark Office is entitled to make necessary corrections on the classes and class numbers of the goods or services in the 5 (five) applications.
*"According to the International NICE Goods and Services Classification List, there are a total of 45 (forty-five) trademark classes, some of these classes are related to goods and others are related to service classes."
Pursuant to Turkish Intellectual Property Law an official trademark registration application must be made to TURKISHPATENT within border of Republic of Turkey
Only one trademark registration should be requested with each application made before the Trademark Office. In order to apply for the trademark, information and documents which are listed in the regulations are required to be prepared.
The trademark application shall be submitted by the authorized persons through the official document registration system by filling in the electronic application form accepted by TURKISHPATENT.
The date of application is the date hour and minute of receipt of the application form by the Trademark Office together with the information or documents required for the application. In other words, for online applications, the application date is the date that the application form is duly completed; whereas for applications with reservation, the application date is the date when the application form duly completed is submitted to the Trademark Office.
Once the application process is finalized, the examination of application process is started. The examination is carried out in 2 (two) ways as follows.
In order for the trademark application to be duly registered, the application submitted to the Trademark Office must first be examined in terms of procedure in accordance with Articles 3 and 11 of the Intellectual Property Law No 6769.
If any deficiency is detected during the procedural review process, the applicant is given two months to rectify the deficiencies and / or error recovery. Applications which are not completed within this period are discontinued in accordance with the provisions of the legal legislation or the process is continued without taking the demands related to the deficiency into consideration.
If the Trademark Office does not see any deficiencies as a result of the procedural review of the form under the articles, the trademark application shall be finalized at the hour and minute of application. At this step, the application tracking page shows the phrase of "procedural review complete".
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.