– Applications to Turkey through WIPO
– National Applications to Turkish Republic of Northern Cyprus (TRNC)

Turkey provides the opportunity for applicants to make their trademark and design applications both through national channels or through WIPO.

In national trademark and design applications, having a local trademark attorney domiciled in Turkey is a must. Regarding the applications made through WIPO, unless there is an office action, rejection, opposition, or any other transactions which require direct contact with TurkPatent, you may not need a local attorney.

In case there is a provisional refusal based on absolute grounds:
Appeals can be lodged against the refusal decisions of TurkPatent. The appeal has to be filed through the intermediary of a representative who is registered as a trademark agent at TurkPatent and domiciled in Turkey. The appeal can only be filed within two months from the notification date of provisional refusal by WIPO. If no appeal is lodged against the decision, the designation will be considered as refused in Turkey.

If the designation is accepted subsequent to an appeal, it will be published in Turkish Official Trademark Bulletin.

In case there is an opposition during publication by a third party:
If the international registration designating Turkey is opposed during publication by a third party and the applicant has any counterview about the opposition, the documents including relevant evidence and the comments should be submitted to TurkPatent within one month starting from the notification date of WIPO to the applicant. The counterview can only be filed with the help of an authorized Turkish trademark attorney. If no document is submitted within the specified period, the opposition will be examined based on the existing documents.

Additionally, if the trademark -which is the ground of the opposition- has been registered for at least five years at the date of the application or the date of priority of the application for which the opposition is filed, upon the request of the applicant, it shall be requested from the opponent to submit evidence proving that he had genuinely used his trademark on the goods and services related to the opposition during the five years period before the date of the application or the date of the priority of the latter application, or he has a proper reason for not using his trademark during that period.

The time limit to submit evidence of use is one month from the date of notification of opposition. In case the opponent fails to submit evidence, opposition shall be refused. If the evidence of use is submitted and it covers some of the goods and services, then the opposition shall be examined only for those goods and services.

1. There are no procedures for a design application in TRNC, yet it is possible to register your trademark. To be able to register a trademark in TRNC, PoA notarized and legalized up to the Turkish Consulate is needed.

    

   Unlike Turkey, TRNC adopts the single-class trademark application system. This system brings the need to file separate applications for each class.

    

   Another difference of TRNC from the Turkish system is that the Nice Classification is accepted without services; that is, trademark applications can be made for the list of goods which comprises 34 classes. As for the ones who want to register their service marks, they are advised to apply for the related goods such as 9 and 16th classes for banks; 8, 16 and 24th classes for hotel services; 9 and 16th classes for malls; 29, 30 and 16th classes for restaurants. Please consult us for more information.

    

   It is also important to note that if the targeted trademark is registered in the same or related class in the name of another person or company in Turkey, it would definitely be rejected in TRNC. Any trademark registered in the same or related classes in the name of another applicant in Turkey cannot be registered in the name of a different person or company in TRNC.

    

   After filing, the trademark is examined in terms of formality and similarity check. In the absence of any obstacles to the registration, the trademark is published in the official bulletin for 3 months. During publication, any third party may object to the trademark application.

    

   The registration certificate is issued in the absence of any opposition. The protection term of trademark registration is 7 years from the date of application, and the registration is renewable for periods of 14 years. A request for renewal can be made within 6 months from the last day over the term of protection upon payment of an additional renewal fee.

    

   The trademarks which are not used for a 5 years term become vulnerable to cancellation actions based on non-use.