The trademark is the best way to distinguish the products and services you produce from the products and services of another business. It is a fact that trademarks that catch our eye as images, texts, and/or a combination of these as logos have almost become the identity of businesses as a result of long efforts. That is why it is very important for businesses to protect their trademarks in line with the protection of commercial reputation and competition market requirements. In order for a trademark to be protected, it is stipulated in most national legal systems that the trademarks be registered in a specific registry. In Türkiye, in order to protect the trademarks, it is needed to make an application to The Turkish Patent and Trademark Office (“Türk Patent ve Marka Kurumu” and “TPMK”).
APPLICATION OF THE REGISTRY
Applications made to TPMK are generally a process that can be completed within one year unless objections are received from third parties regarding the trademark application. No matter how long the process takes, the protection period is calculated as 10 years from the application date when the trademark is registered. In trademark registration applications, as in the registration of all other industrial property rights, the principle of first come first serve is applied. Therefore, it is very important to get support from a professional in order not to experience any loss of rights in this process.
REQUIRED INFORMATION AND DOCUMENTS
The following information and documents are needed when applying for trademark registration.
- Information of the trademark owner’s ID Card or if the trademark owner is a legal person, the business name, and the tax number
- Contact information of the trademark owner such as phone number and address
- A trademark sample that is specified a certain shape and form : While the trademark sample is submitted to TPMK, TPMK seeks compliance with some formal conditions. You may always contact us for up-to-date information.
- Information about the classes of goods and services to be applied for : The trademark application is made for the goods and service classes in which the trademark is requested to be used. In case the trademark is registered, the trademark shall be protected in terms of these classes selected in the application. You may kindly find the class list according to Nice Treaty here.
- Information that the application fees to be paid to TPMK have been paid
FEES AND EXPENSES
Although the fees and expenses paid during the trademark application process vary according to the number of classes for which the trademark is requested to be protected, and the developments experienced during the process (objections, etc.), we may talk about the costs in general terms.
Generally, two fees are paid to TPMK, one at the beginning of the application process and one at the end of the application process.
The first of these is the trademark application fee. The official trademark application fee is calculated according to the number of classes of goods and services for which the trademark is intended to be protected, and this fee is 380 TL per class for 2022.
The other fee to be paid to TPMK is the official trademark registration fee. This fee is paid in case of a decision to register the trademark and is 1.020 TL for 2022, regardless of the number of classes selected in the application. Following the payment of this fee, a trademark registration certificate is issued by TPMK on behalf of the trademark owner.
PROTECTION PERIOD OF THE TRADEMARK
The protection period of the trademark is 10 years from the date of application to the trademark registry. This 10-year protection period may be renewed at the request of the trademark owner and under specific conditions. For this, an application must be made by the trademark owner by paying the renewal fee within six months before the end of the protection period. If the request is not made within this period, the renewal can be made within six months from the date of the expiry of the protection period, with the additional fee to the renewal fee. If the renewal of the protection is purposed but these deadlines are missed, the application process has to be started from the beginning and steps should be taken for the re-registration of the trademark.
Türkiye is a member of the Madrid System which is enabled by the World Intellectual Property Organization (“WIPO”). Therefore, it is possible to register a trademark in many countries at the same time and provide protection in different countries by making international registration. With an international application to the Madrid System, trademark owners do not have to deal with the bureaucracy of a lot of countries, and they can manage their trademark(s) from a single source. This opportunity allows them to save both cost and time.
In order to be able to register an international trademark, it is necessary to have a valid trademark registration application or a registered trademark in the local office (TPMK for Türkiye). International applications submitted to the local office based on the main application or registration are submitted to WIPO after being reviewed by the local office. After further examination by WIPO, if deemed appropriate, this application is forwarded to the country office where registration is requested. The country where the registration is requested also examines the application according to its legislation and conveys its decision to WIPO, the decision letter is published in the WIPO International Registry.
Each trademark registered in the International Registry has protection for 10 years from the date of international registration at the Offices that have been protected. In order for the protection to continue, a renewal request should be submitted to WIPO before the expiry of the 10 years, and also renewal can be requested by paying an additional fee within 6 months from the expiry of the period.
Av. Sinem İLİKLİ
TARLAN- BAKSI AVUKATLIK BÜROSU
AV. AYLİN TARLAN- AV. DERYA BAKSI