TRADEMARKS
What is Trademark ?
A trademark is a type of intellectual property consisting of a recognizable sign, individual name, word, design, letter, number, or expression which identifies products or services of a particular source from those of others. A trademark may be located on a package, a label, a voucher, or on the product itself.
Trademarks and expressions should be original.
1 - Preliminary Trademark Search
Before the trademark registration application is made, it is absolutely necessary to conduct a similar trademark preliminary research. Before the preliminary research, the class of the products and services should be determined correctly and the trademark should be searched in the countries where it aims to be protected.
2-Trademark Application
National Trademark Application: Institutions providing protection for registration are different in each country. Turkish Trademark and Patent Institution is authorized in Turkey. Also, examination, announcement and document processes in trademark applications differ in each country.
Examination period in trademark applications made in Turkey takes approximately 1-2 months. After that, trademarks evaluated positively by the Institution are announced for 2 months. Following to that, document decision is obtained if no objection is taken in that period. Trademark application can be finalised with the document fee to be paid as of the notification of document decision.
*International Trademark Registration (Madrid Protocol): With Madrid Protocol, you can protect your trademark in a number of countries and/or regions using a single application. Protection can only be obtained for countries and regions which have joined the Protocol. It is a preferred application system due to multiple applications to more than one country at the same time. The registration period varies between 18-24 months.
* EU Community Trademark system is a valid registration system in all European Union countries with a single application. You can protect your trademark in European countries with a single application. Registration process takes almost 9 months.
3 - Trademark Announcement and Opposition
In the announcement period, third parties can oppose an application for the registration of a trade mark. In the event of opposition, it is necessary to submit an opinion against that. If the opinion is evaluated positively, you can obtain the decision of registration of your trademark.
4 - Trademark Application / Follow-Up
10 years of protection is generally provided to trademarks that are entitled to be registered. However, it can vary by country. Protection of your trademark starts from the date of application. Once your trademark is registered, third parties can request an unfair use by applying for a trademark application which is similar with yours. Therefore, during the protection period, it is necessary to follow up your trademark separately in each country and to oppose if a similar trademark is detected.
5 - Trademark Renewals
Your trademark should be renewed once the protection period ends. It can be renewed with necessary renewal procedures. We also follow up renewal process.
Moreover, you should note that your trademark can be cancelled if it has not been used for a justified reason within 3-5 years from the date of registration (the periods differ in each country) or if there is an interruption in use.