Geographical indication and designation of origin is an industrial property right describing a product originated from any region or attributable to any region due to its quality, reputation or other characteristics.
“Designation of origin” indicates a name of a product, the quality or characteristics of which is essentially or exclusively due to the inherent natural and human factors of a place of which the geographical boundaries have been defined. All of the steps for production, processing and preparation should take place within the defined boundaries.
“Geographical Indication”; The product may be manufactured in any other location provided that at least one of the product characteristics to which a geographical indication is linked to the defined boundary should be originated from the said region. The nature, quality, reputation and other features of such products may depend on the natural raw materials or human factors which all belong to the specified location.
“Traditional Specialty Guaranteed”; The products that cannot be registered as designation of origin or geographical indication can be registered as traditional specialty guaranteed products specialty guaranteed if it can be proven that the product is on the traditional market for at least 30 years. In order to register these products as traditional specialty guaranteed products, these products should
There is a requirement to use the packages prepared by the Turkish Patent and Trademark Office in the product packages produced by the producers in the names of geographical signs and traditional products whose registration procedures have been completed.
Where geographical indications and traditional product names are the rights of all the producers living in a certain region and producing in the specified criteria, the registration of these rights is equally beneficial to all producers.
In order to transform traditional products, which have become a symbol of a certain quality, into commercial values, the legal requirements for registration have to be completed.
The increase in economic value of the product also helps to increase the possibility of marketing and regional development as a result.
During the registration of geographical indications and traditional product names, the registrants will explain in detail the auditing processes to be carried out with respect to the producers, and it is committed to who will vote how audits will be carried out and how often they will be done.
Within the framework of these commitments, the audit reports shall be submitted to the Turkish Patent and Trademark Office every year and if there are any absences they shall be completed within 6 months. If the inspections are not performed in the specified manner or if the insufficiencies are not completed within the given period, it can be decided that the registration is null and void.
Geographical signs and traditional product names have no specific registration period and therefore no renewal. The invalidity of the registration can only be due to court decision.
Geographical signs and trademarks that do not conform to the traditional product name and the registrations made on behalf of those who do not have the right to apply can be canceled by court decision. In addition, if the inspections are not carried out sufficiently and in the specified manner, it can be decided whether a registration is null and void.
Registration procedures can be followed by filing an application at the EU Commission for the protection of geographical indications and traditional product names within the boundaries of the European Union. However, there is a requirement that registration in the country of origin be completed before the EU application. For more detailed information and your application requirements, we ask that you contact Libra Patent.