Is there a specific Definition for a Trademark?

Although there is not a clear definition for trademarks in 556 numbered Decree Law Pertaining to the Protection of Trademarks, it is stated in article 5 of Second Section (titled as Signs that May Constitute a Trademark) that “Provided that it is capable of distinguishing the goods and services of one undertaking from the goods and services of other undertakings, a trademark may consist of any kind of sign capable of being represented graphically, such as words, including personal names, designs, letters and numerals, the shape of the goods of their packaging and similarly descriptive elements capable of being published and being reproduced by printing.”

In this respect, it could be stated that there are two fundamental features for a sign so as to be regarded as a trademark, one of which is distinctivess and the other is not being deceptive.

Taking these issues in to account, a trademark could generally be defined as a sign which is used for distinguishing goods and services of one enterprise from the goods and services of another.

What are the Types of Trademarks?

The types of trademarks are stated both in the concerned Statutory Decree and its Implementing Regulation as follows:

- Trademark
- Service Mark
- Guarantee Mark
- Collective Mark

Who can Enjoy from Trademark Protection in Turkey?

Any natural and legal persons domiciled; have industrial or commercial establishments within the territory of the Turkish Republic, or have application rights derive from the Paris or Berne Conventions or the Agreement Establishing the World Trade Organization shall enjoy Trademark protection in Turkey.

Natural or legal persons other than those referred to above who are nationals of States that accord legal and de facto protection to nationals of the Turkish Republic shall enjoy trademark protection in Turkey according to the principle of reciprocity.

What are the points that should be taken in to consideration prior to file a trademark application?

Once a trademark application has been filed, the concerned sign is examined ex officio by Turkish Patent Institute’s related department -that is to say Trademarks Department- within the merits accepted by 556 numbered statutory decree pertaining to the Protection of Trademarks.

The scope of the concerned merits are arranged in article 7 of the 556 numbered Decree titled as ‘absolute grounds for refusal of a trademark’. In this respect, it should be noted that a trademark application shall not be prejudice to the said article at the first hand.  
  
If the above-mentioned points are taken into account prior to file a trademark application then the chance for the concerned sign to be registered will increase. (Please contact us for more information.)  

Do I have the chance to lodge an appeal against the decision of the Trademarks Department?

Any party adversely affected by a decision of the Institute may appeal. This notice of appeal shall be filed with the Institute in writing within two months of the notification of the decision.

The relevant department –that is to say trademarks department- of the Institute may rectify its decision on finding that the appeal is well-founded.

Do I have the chance to lodge an appeal against a publised trademark application?

Notices of opposition to the registration of a trademark on the ground that it may not be registered under Article 7 or 8, and notices of opposition on the ground that there is evidence of bad faith in the application, shall be submitted within three months of the publication of the application. (For detailed information about grounds of opposition and concerned procedure, please contact us.)

The Institute (Trademarks Department) will then examine the concerned opposition petition and decide to whether to accept or refuse the concerned allegations.

If the Institute’s decision is not on the opposing party’s favor, a notice of appeal shall be filed with the Institute (Reexamination and Evaluation Board) in writing, within two months of the notification of the decision. (Please contact us for more information.)  

Do I have the chance to bring this decision before the competent court?

Actions against final decisions of the Reexamination and Evaluation Board may be instituted with the competent court, within two months of notification of the said decision. If the court phase is on the opposing party’s favor, then the concerned application will be rejected and cancelled from the related Registry.      

Is it possible to request the invalidty of a trademark after its registration ?

The invalidity of a trademark could be requested if it meets certain criteria stated in article 42 of 556 numbered Decree Law Pertaining to the Protection of Trademarks by filing a law-suit with the competent court.

It should also be noted that even if the above-mentioned procedure (opposition, etc.) can not be able to prosecuted, one that hinges on some dependable grounds still has the chance to cancel the concerned registration. (Please contact our firm for more information.)

What is the term of trademark registration in Turkey?

A trademark shall be registered for a period of ten years from the date of filing of the application. Registration may be renewed for further periods of ten years.