Trademark search before filing is very important in Turkey to determine the identical or confusingly similar trademarks that can be obstacles for registration.
Libra Patent renders identical trademark searches free of charges before filing and with this way, trademarks with high risks can be determined at the beginning and the chances can be increased by making amendments on the trademark and loss of time and money can be avoided.
On the other hand, when requested, official trademark search with the Turkish Patent & Trademark Office records is possible to determine not only identical but also confusingly similar prior trademarks.
Bearing in mind that the new 6769 numbered Turkish Industrial Property Law allows new institutions such as requesting proof of usage from the opponent, the search results can be evaluated carefully to determine which ones can be overcame and which ones cannot be.
Please contact with LİBRA PATENT for all your questions and instructions for trademark searches in Turkey.
Trademarks are the distinctive signs that are capable of distinguishing the goods and services of an entity from the goods and services of the other and trademarks shall be registered in order to be effectively protected from unfair competition and infringement and can be transformed to commercial values.
With the 17 year experience in the intellectual and industrial property protection, LIBRA PATENT offers boutique services to all the clients and associates for all trademark procedures starting from searches until registration.
Therefore, in order to obtain an effective trademark protection;
In this framework you may contact with the LIBRA PATENT Consultants in order to obtain free consultancy about the trademark registration process in Turkey and you may send us all your instructions.
Turkey is a member of Paris Convention and priority rights can be used in Turkish trademark filings within 6 months from the first application date abroad.
At the time of the filing, it is adequate to mention the original date and number of the application and original priority documents can be filed later.
Trademark registrations are valid for 10 years in Turkey and shall be renewed in every 10 year period to continue the trademark registration.
Renewal can be filed with the ordinary fees starting 6 months before the expiry of the 10 year protection period until the last day.
Trademarks which are not renewed in usual 6 months renewal period can also be renewed in additional 6 months grace period with the payment of renewal fees with fine.
Trademarks which are not renewed in grace period are cancelled and can be registered by third parties.
All the trademark renewal procedures are handled very urgently by LIBRA PATENT with the Turkish Patent & Trademark Office and before proceeding with the renewals;
Please contact with us for all your questions and instructions about trademark renewals in Turkey.
Trademarks which are accepted by the Turkish Patent & Trademark Office are published in the Official Trademark Bulletins for 2 months for the opposition of third parties and with the recent implementations of the Office, it can be easily said that Turkish Patent & Trademark Office usually accepts the trademarks even if there is a small difference with the prior one.
So, following up the publication of similar trademarks and filing oppositions against thereof are very important to avoid the registration of very similar trademarks. Bearing in mind that 2 Official Trademark Bulletins are published in every month and the opposition time limit is only 2 months; trademark watch can be done in a very and urgent way in order to have enough time to prepare for the opposition.
LIBRA PATENT undertakes to send the trademark watch report within 2 week time the latest when the respective bulletin is published and please feel free to contact with us for your trademark watch instructions.
There are three types of opposition procedures in Turkey including;
As mentioned in the Trademark Watch section; trademarks which are accepted by the Turkish Patent & Trademark Office are published in the Official Trademark Bulletins for 2 months for the opposition of third parties and with the recent implementations of the Office, it can be easily said that Turkish Patent & Trademark Office usually accepts the trademarks even if there is a small difference with the prior one.
So, following up the publication of similar trademarks and filing oppositions against thereof are very important to avoid the registration of very similar trademarks. On the contrary, these trademarks are registered and the cancellation of registered trademarks can only be obtained by court actions which are very long and expensive procedures in Turkey. More importantly, during the long court action process, these confusingly similar trademarks can be continued to be used by the trademark registrants as it is very difficult to obtain preliminary injunctions from the court banning the usage for registered trademarks.
Bearing in mind that the new 6769 numbered Industrial Property Law brought new measures such as the requirement of proof of usage of the trademarks in specific conditions, it is very important to evaluate the oppositions pre-filing and with 17 years’ experience, LİBRA PATENT offers very specialized and boutique services in the oppositions against published trademark applications in Turkey.
Please contact with us for more information and for your opposition instructions.
Oppositions can be filed against the refusal or partial refusal decisions of the Turkish Patent & Trademark Office within 2 months. Oppositions can be filed against the refusal or partial refusal decisions of the trademark applications or for the refusal or partial refusal decisions of the Office for the oppositions against trademark publication.
The oppositions against the decisions are examined by the Turkish Patent & Trademark Office Re-Examination and Evaluation Committee and these decisions are final decisions before the Office and it is only possible to file court actions against these decisions with the respective courts.
Bearing in mind that new 6769 numbered Industrial Property Law brought several new implementations; it is very important to evaluate the decisions of the Turkish Patent & Trademark Office very carefully and file oppositions against thereof.
For example, letter of consents are started to be accepted with the new law which were not accepted before and all the rules and regulations shall be analyzed in details in order to overcome the negative decisions and avoid loss of rights.
LIBRA PATENT gives free consultation in the evaluation of the decisions of the Turkish Patent & Trademark Office to evaluate the chances of success and please contact with us for your questions and instructions about oppositions in Turkey.
Accepted trademark applications are published in the Official Trademark Bulletins for 2 months and in the publication period oppositions can be filed by third parties. After this, the applicant party can file their reply against the opposition within 1 month starting from the notification date of the Turkish Patent & Trademark Office.
A new implementation which is brought by the new 6769 numbered Industrial Property Law is that the applicant can request proof of usage from the opponent in specific conditions. Therefore it is very important to analyze the third party oppositions very carefully and use all the rights granted by the law in the reply process.
With the 17 year experience in this field, LIBRA PATENT will be very pleased to assist all the colleagues to protect the trademark applications against third party oppositions and please contact with us for more information.
Bearing in mind that trademarks continue their existence for long periods, it is natural that several changes may occur in the organization of the trademark owners. In order for these amendments can be binding on the third parties, they shall be recorded in the Turkish Patent & Trademark Office Registry.
So, LIBRA PATENT will be very pleased to handle all the following recordals for all the trademark applications and registrations;
Furthermore, we also will be very pleased to assist all the colleagues in order to obtain new registration certificates or certified copies of the documents, priority documents, trademark application extract etc. from the Turkish Patent & Trademark Office and please feel free to contact with us for all your requirements.
Registrations of the trademarks are very important for legal protection but are not adequate for effective protection.
In order to protect the trademarks in an effective manners, all the rights granted by the 6769 numbered Industrial Property Law and other legal implementations shall be enforced against the third parties violating the trademark rights and creating infringement and unfair competition.
On the contrary the loss of rights can be encountered because of being non-active in the prescribed periods and trademark’s commercial value and protection can be harmed because of the infringement of third parties and unfair competition.
For this reason in the conditions of violation of trademark rights, unfair competition and infringement, the situation shall be legally analyzed and recommended measures such as sending warning letters, custom recordals, determination via Notary of Public or Courts, starting legal actions with the Courts and other official bodies shall be started.
Please contact with LIBRA PATENT for legal consultancy and more information.
Well-known trademark is a special protection definition regulated by Paris Convention and 6769 numbered Industrial Property Law in Turkey.
Some of the trademarks’ perceived impression on the consumers, associated quality idea on the trademark and protection elements are very unique and special compared with the other trademarks.
The commercial values of these trademarks are mostly more than even the commercial values of the owner companies and special bonds are formed with the clients and consumers. For these reasons, special protection shall be obtained for these special well-known trademarks in order to protect their economic value and impression.
Otherwise, third parties with bad faith may involve in the actions to obtain illegal profits from the notoriety of well-known trademarks which may harm the distinctiveness and quality impression of the well-known trademarks.
LIBRA PATENT will be very pleased in the analysis of notoriety for all the trademarks and for the well-known application procedures with the Turkish Patent & Trademark Office and please contact with us for more information.