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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:
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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
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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
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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.