A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Trademark registration offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represent a source of goods or services.
A trademark application may not be refused according to subparagraph (ç) of the first paragraph of the Turkish IP Code (existence of identical to or indistinguishably similar prior TM application) if a notarized and legalized or Apostilled document indicating the clear consent of the prior trademark proprietor for the registration of the application is submitted to the Office.
The sworn translation of the notarized and legalized LoC into Turkish should be submitted online to the Office either at the time of application or before the decision on the refusal of the TM due to the similar TM is finalized following an appeal (in this case appeal against the decision should be filed).
The LoC cannot be withdrawn after it is submitted to the Office.
Separate LoCs should be submitted for each new trademark application.
Click here to access the Single Owner LoC form.
Click here to access the Multiple Owner LoC form.
Regarding oppositions filed in the scope of the first paragraph of Article 6, provided that the trademark, which is the ground for opposition, has been registered for at least five years at the date of application or 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 relating to the opposition during the five-year period before the date of application or the date of priority of the latter application or whether he has a proper reason for not using his trademark during that period.
In case the opponent fails to prove aforesaid, the opposition shall be refused.
If it is proven that the trademark, which is the ground for opposition, has been used only for some of the goods or services which are covered by registration, then the opposition shall be examined taking into account the goods or services whose use is proven.
Any natural or legal person, or person assimilated to these persons under the national law applicable to them, including authorities established under public law, maybe proprietor of a trademark.
Although there are no regulations for the use of this symbol in Turkey, in many other countries, the ® symbol can only be used when a trademark is registered, you have received the certificate of registration.
There are no regulations regarding the use of this symbol in Turkey, therefore it can be used any time anywhere. But the ® symbol is typically placed in the upper right-hand corner or lower right-hand corner of a registered mark.
The TM symbol is used to show that a trademark filing is under process. There are no regulations regarding the use of this symbol in Turkey.
In the absolute, if you are not a resident or citizen of a country then you should assign a local lawyer or agent to file a trademark on your behalf.
A trademark search is usually cheaper than a trademark filing, so it provides you with visibility on whether or not the trademark will proceed to accept or not. Even though a trademark search is not as extensive as an examination at the trademark office, it still gives insights on – who is using a similar mark, what the risks involved with using or registered the trademark are.
When applying for trademark registration, certain information and documents need to be submitted to the TurkPatent:
• Name and address of the applicant
• Representation of trademark in JPEG format
• List of goods and services
• Latin transliteration of trademark representation if any letters or words are used other than Latin alphabet
• Information about letter of consent, if any
• Information about priority (date, number, country of origin), if any
When registering a trademark in a jurisdiction signatory of the Paris Convention, an applicant is allowed to “claim priority” to an earlier mark, therefore, using the details and effective date of an earlier mark as long as the earlier mark is filed no later than 6 months prior.
A trademark is considered abandoned if not all formal requirements and deadlines have been met such as submission of documents, or not all the fees were settled; or if the trademark was not renewed within the grace period.
Trademark watching entails monitoring official gazettes and flagging potentially conflicting applications that are either Identical or similar which may confuse the average consumer. Trademark watching is a cost-effective way to scan the market and enforce trademark rights before going to courts, through oppositions at the trademark office.
Goodwill can be described as follows:
• The favor or advantage that a business has acquired especially through its brands and its good reputation;
• The value of projected earnings, increases of a business especially as part of its purchase price;
• The excess of the purchase price of a company over its book value represents the value of goodwill as an intangible asset for accounting purposes.
From a trademark perspective, goodwill is interchanged with reputation and represents the consumer’s willingness to purchase a good or service over and over again.
A wordmark is a trademark that is simply typed in standard characters without regard to the font, style, size, or color. In a trademark application for a wordmark, you are essentially seeking registration of the wording (or lettering) without regard to its style, design, font, or any graphic features. In other words, you are protecting the wording and not the logo.
Registration of a wordmark provides broader rights and basically protects the wording of the mark regardless of its style. Thus, applications for wordmarks do not claim rights to any particular font, style, size, or color.
Applying for a wordmark means you can vary the design aspects of the mark (e.g., style, upper/lower case, font) in use without causing a conflict with your trademark application, so long as the wording (e.g., spelling, number of words/terms, etc.) remains the same.
Many countries accept color to be registered as a trademark, such as Milka purple, Tiffany blue, Galaxy silk brown, and Valentino red. Color marks are much harder to register and require fame to succeed in registration.
If you want to protect a design whether graphic or image, whether it includes wording or not, such as a stylized logo, then you would apply for a design mark. A design mark provides protection for the exact design being protected. Therefore, changing the design may warrant the filing of a new trademark application.
Registering your logo as a trademark is important because in some instances your customers will be able to identify your brand from your logo alone. A good logo can aid in creating brand awareness and recognition in the marketplace. Protecting your logo with a trademark is crucial in maintaining and increasing brand equity.
A slogan is a memorable phrase used to persuade customers and ensure they remember the product/service being sold.
A slogan can be registered, however, due to the nature of the words being generic, it may take longer to protect and may face office action unless the below conditions are met:
• The slogan being registered as a trademark is fundamentally creative and distinctive.
• The slogan has been extensively used and has another meaning that immediately calls a product or service to mind.
You can trademark your name if you intend to use it in selling goods and services. However, even if you registered your name as a trademark, in most instances you are not able to stop others from registering or using the name as it is theirs. Therefore, it would be a good idea to come up with a more distinctive and unique trademark when setting up a business. Some common names may not registrable and therefore you cannot claim rights to them.
A certification mark is a trademark used to demonstrate a particular product or service complies with a certain set of standards.
A collective mark is a trademark used or intended to be used, in relation to goods or services in the course of trade by members of an association, to distinguish those goods or services from others provided by persons not members of the association.
A generic trademark is a trademark or a brand that has become a generic term or synonymous with, a general class of product or service. Usually, trademarks become generic when they become famous and widely used – such as (escalator, or band-aid).
The Nice Classification (NCL), established by the Nice Agreement (1957), is an international classification of goods and services applied for the registration of marks.
When protecting trademarks, an applicant has to decide what specific goods and services to protect the trademark will be applied on. These gods and services have been grouped into 45 classes based on the Nice Agreement. The international classification of goods and services for trademarks is composed of 45 classes. Classes 1 to class 34 relate to goods and classes 35 to 45 relate to services. Trademark classification serves two functions: it provides a guideline for registering trademarks, and it can help you identify potential trademark infringers. When you file your trademark application, you must select the class of goods or services that your trademark will protect, and you must also identify the goods or services you provide. Your trademark will only protect the goods, services, and classes that you name in your application.
It is a good idea to register your trademark to be able to use the mark freely and stop others from using it, to build brand equity and value. In many countries, trademark registration is important and in many cases a prerequisite for any enforcement action. The investment to register a mark is minimal compared to the potential cost of not registering, and compared to the potential benefits registration will bring to your business.
For a startup or an entrepreneur going into a brand new business, registering a trademark would turn out to be very beneficial in the future, registering your trademark when starting a business and from the get-go ensure that your mark is safe and cannot be infringed on; and therefore you will be protecting your mark from any theft, infringements or impositions. Registering your mark means you have the license to use this trademark on the registered goods and services in the jurisdictions that it was registered in.
For trademark searching to be effective, you have to have a couple of trademarks you are interested in.
You also have to have an idea of what you will be using the trademark on what class meaning the goods or services you are interested in.
Finally, you should know what jurisdiction or country you would like to protect your trademark in.
It is also advisable to complete a trademark search right before you would like to file for protection.
A delay in filing a trademark means that the time frame between the time you searched for the trademark and the time you filed the trademark leaves room for others to have filed the trademark.
In general, you can search by image or logo or word or phrase or number or symbol, however, due to limitations in technology searching by image does not yield accurate or necessarily usable results.
Besides being too expensive to register a trademark on all classes, to remain effective, the registered trademark should be used. therefore, if you have registered a trademark and have not used it other parties can file a claim to cancel the registration because you are not using the trademark.
Trademark infringement is the use of a trademark without authorization from the owner. Trademark Infringement may occur when one party, the “infringer”, uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.
Trademark disputes are all types of quarrels whether taking place at court, at the trademark office, or privately between a trademark owner and another party.
Trademark disputes may relate to who the rightful successor of a trademark is (whether because of inheritance or otherwise), who the rightful economic beneficiary of a trademark is, or whether the use of a certain mark constitutes an infringement or not.
Trademark disputes may either be resolved at the trademark office, at court, or through out-of-court settlements.
One of the most beneficial rights associated with trademark rights is the fact that trademark rights can be renewed indefinitely. There is no cap on how many times you can renew a contract. But a trademark needs to be renewed every ten years. Renewal applications must be submitted prior to the deadlines. In order to renew a trademark, it should be an active trademark and still in use.
The registered trademark protected from the date of filing. However as trademarks are jurisdictional rights, this depends on the country.
The design shall be the appearance of the whole or a part of a product resulting from the features of, the line, contour, color, shape, material, or texture of the product itself or its ornamentation. Product means any industrial or handicraft item, including parts intended to be assembled into a complex product, products like packaging, presentations of more than one object perceived together, graphic symbols, and typographic typefaces, but excluding computer programs.
A design shall confer on its holder the exclusive right to use it. Third parties without the consent of the design right holder cannot produce, put on the market, sell, import, use for commercial purposes or keep in stock for those purposes the product in which the design is incorporated or to which it is applied, or cannot make a recommendation for the contract.
The unregistered design gives the right owner the right to prevent acts mentioned in the first paragraph, in case copies of identical designs or in respect of overall impression copies of indistinguishably similar designs are used. A design by an independent designer not being able to know through reasonable ways that the protected design is presented to the public prior to his design, shall not be deemed to have copied the design in the scope of the protection.
The term of protection of unregistered designs covers a period of three-year as from the first presentation date to the public of the design for which protection is demanded.
As regards unregistered designs, designs presented to the public pursuant to Article 57, the right owner has the authority to institute the legal proceeding due to the violations of the design right.
Any design application which has a trademark element in it does not provide trademark rights to the design owner.
The definition of plant variety is wider than the definition of protectable variety. A plant variety is a plant grouping, selected from within a species or sub-species, with a common set of characteristics. It cannot be a single plant, a trait, a chemical, or a technology.
A plant variety can be protected if it is new, distinct, uniform, and stable. Furthermore, it should be identified with a suitable denomination and the registration fees must be paid.
• To register agricultural plant varieties,
• To form registration lists and update the list,
• To determine the basics and principles for registration of plant genetic resources.
Successful breeding requires great skill and knowledge as well as significant investment in land, specialized equipment, and skilled & scientific manpower. It also takes around 10 to 15 years to develop a successful plant variety.
Despite all these costly and long-term intensive work, plant breeding results in the availability of varieties with increased output and improved quality for the benefit of society.
If there is a chance to be rewarded for all this time and effort besides recovering the costs, the breeder may seek protection to obtain exclusive rights for the new variety.
What is more, after a new variety is released, it can be easily reproduced by others. Then the original breeder loses a fair opportunity to benefit from his/her investment.
In this regard, it is crucial to provide an effective system of plant variety protection to encourage the breeder.
Plant variety protection is a type of intellectual property right which grants breeders of new plant varieties ‘the breeder’s right’.
The breeder’s right means that the authorization of the breeder is required to propagate the variety for commercial purposes.
In order to obtain protection, the breeder needs to file individual applications in each country where they seek breeders’ rights.
Only the breeder of a new plant variety can protect that new plant variety. It is not permitted for someone other than the breeder to obtain the protection. A breeder might be an individual, a farmer, a researcher, a public institute, a private company, etc.
The breeder’s right is only granted where the variety is:
• new,
• distinct,
• uniform,
• stable.
Additionally, the plant variety should have a suitable denomination.
To qualify for Plant Variety Rights (PVR), a new variety must undergo official tests to determine whether it is distinct, uniform, and stable (DUS). For most crop species, these independent tests take around two years.
• Distinctness: A variety must be clearly distinguishable from any other existing variety by one or more characteristics.
• Uniformity: Individual plants of the same variety must be sufficiently uniform in a range of key characteristics.
• Stability: A plant variety is considered to be stable if it reproduces true to type from one generation to the next.
For each new variety, these DUS tests are undertaken and the results considered by independent experts to determine whether all the necessary requirements for Plant Variety Rights have been met.
The variety will be novel if it is not made available to the public or sold for the purposes of commercial exploitation by the right owner or by anyone else under the consent of the right owner.
The plant variety is accepted to be novel if its multiplication or harvested material is not sold or made to the public:
• for more than 1 year before the date of application in Turkey;
• for more than 4 years outside Turkey before the date of application in Turkey;
• or, in the case of trees and vines, for more than 6 years outside Turkey before the date of application in Turkey.
Some plant varieties may have stronger protection with the support of trademark registration besides plant variety rights depending on the breeder’s or maintainer’s choice; however, it is not obligatory. Where you see the registered trademark designation ® against a variety name, the variety owner has rights over the use of the name of the variety or any logo or other design associated with it.
Patents and plant breeders’ rights are separate but mostly interrelated intellectual property rights with different conditions of protection, scope, and exceptions. Breeders can use plant breeders’ rights, patents, or other forms of intellectual property rights, or a combination to the extent that such systems are available in the territory concerned.
The technological developments especially in relation to gene-related studies, patents, and plant breeders’ rights have become more interlinked.
Plant varieties are not considered as inventions as prescribed in the below-mentioned Article 82 (3-b) of the Turkish Industrial Property Law, therefore they are not allowed to be protected by patents.
‘…(3) Below mentioned inventions shall not be granted a patent:
b) biological processes relating to plant varieties or animal races; or intending to generate plant varieties or animal races with the exception of microbiological processes or products obtained in the result of such processes…
… (5) The microbiological process that is specified in subparagraph (b) of paragraph 3 expresses any operation which includes microbiological materials, processed with microbiological materials or in the result of which microbiological materials are formed; plant or animal production procedures that are consisting of basically biological processes, hybridization or selection that are completely natural.’
Plant varieties cannot be protected with patents in Turkey. Yet, according to the Turkish Industrial Property Code, there are certain points that these two intellectual property rights may have to be considered together.
Under Article 85 (4) of the Turkish Intellectual Property Code’s Patent and Utility Model Book, it is stated that:
‘…A small farmer whose definition is made in the Law on Protection of Breeder’s Rights for New Plant Varieties dated 01.08.2004 and numbered 5042 has the right, in his own land which they operate, to use the reproduction material that derived from the product in the result of the production made by a patented product provided from the patentee; or sold by his permission; or obtained by another commercial way, in order to do new productions in their own land which they operate. This tenancy shall be subject to the provisions of the Law number 5042.’
Under Article 129 (1) of the Turkish Intellectual Property Code’s Patent and Utility Model Book, the conditions on the compulsory license are given as:
‘…Compulsory license may be given in the presence of at least one of the conditions specified below
d) If the breeder fails to develop a new plant variety without infringing on a previous patent,
(6) If the patentee cannot use the patent right without infringing on the right of breeder belonging to a previous plant variety, this situation may be subject to compulsory licensing. In this case, the provisions of Law numbered 5042 shall be applied.
(7) If a license is granted pursuant to subparagraph (d) of the first paragraph, then the patent owner may demand the giving of the license to himself to use the protected plant variety and if a license is granted pursuant to the sixth paragraph, the holder of breeder right may demand mutually the giving of a license to himself to use protected plant variety under reasonable terms.
(8) For licenses specified in subparagraph (d) of the first paragraph and in the sixth paragraph, the demandant may request the court to issue a compulsory license by means of proving that;
a) it applies to patentee or holder of breeder right belonging to a new plant variety to obtain a contractual license but cannot get any results,
b) compared to protected plant variety or invention protected by the patent, next invention or plant variety show a significant technical advance that largely provides economic benefits.’
Authorization of the breeder is required for the sales of a protected variety’s seed by any person or company.
The protection term is 25 years from the registration date.
This term is 30 years for trees, vines, and potatoes.
Plant variety rights will only remain in force subject to the holder paying a renewal fee each year during the term of the rights.
Turkey became a UPOV member on November 18, 2007.
The authorized Turkish governmental units are:
• General Directorate of Plant Production (BÜGEM) is the office receiving and prosecuting the applications for plant variety rights (PVR).
• Variety Registration and Seed Certification Center (TTSM / VRSCC) is the technical office testing the distinctiveness, uniformity, and stability (DUS) of the plant varieties and performing other technical procedures.
Turkish citizens, individuals or companies who domicile or function in Turkey, and the citizens of the member states of UPOV can file applications and obtain registration for plant varieties in Turkey.
Applicants who are not Turkish or not domiciled or do not have an establishment in Turkey should appoint a representative residing in Turkey by legalized or apostilled Power of Attorney.
• Denomination of the variety in the botanical taxon,
• Denomination of the variety or provisional denomination used by the breeder,
• Information on the priority date and place if priority is claimed,
• Technical properties of the variety,
• Payment receipt of the filing fee,
• Geographical origin of the variety,
• High-resolution photos of the variety in color which indicate the characteristics of the plant variety (photos are mandatory for fruits and ornamental plants, while they are optional for field crops and vegetables),
• Notarized and legalized or apostilled Power of Attorney if the applicant is not Turkish or resident in Turkey,
• Assignment of rights (covering the name and address of the breeder and the indication of how the rights were acquired) if the applicant is not the breeder,
• Description of plant variety,
• The declaration on the first commercial use (signed & stamped) accompanying by the copy of invoices (signed & stamped).
The priority claim period is 12 months from the date of the application filed in a member state of the UPOV Convention. In that case, the application date in that specific country will be considered as the application date in Turkey.
Applicant should inform the office that he/she would like to benefit from the priority right originating from his/her first application.
Within three months from the application date, the office may ask for the legalized copies of the application documents of the prior application with their translations along with samples and evidence proving that the variety in both applications is the same.
There are two phases of the examination by the office: (1) Formal examination, (2) Substantive examination.
The former refers to the examination of the application to check whether the necessary documents and information are duly provided.
If any deficiencies or mistakes are identified during the formal examination phase, the office gives the applicant a period of 30 days from the date of receipt of the notification to remedy these deficiencies.
If the deficiency is not remedied within the due date, the application is deemed to be withdrawn irrevocably.
The latter examines the aspects of whether *the variety is novel; *the applicant is entitled for making the application; *the denomination proposed for the variety is in compliance with the legal requirements.
After the substantive examination phase, the following scenarios may arise:
1. The office accepts the application records in the Register and assigns an application number.
2. The office finds out that the requirements in the substantive examination are not met, and rejects the application. The refusal decision cannot be appealed before the office; however, it can be appealed before the court within 2 months from the date of receipt of the decision.
Following the examination period, the applications are published for the purpose of opposition within 30 days after recording at the Registry.
Third parties can oppose the application within 3 months from the date of publication.
The plant varieties are published in the Plant Variety Bulletins.
If the application is accepted during the substantive examination, the office arranges technical examination to validate the matters whether *the variety belongs to the designated botanical taxon; *the distinctness, uniformity, and stability (DUS) criteria are met; and prepares the variety description (a document describing the characteristics of the plant variety) if the variety complies with DUS.
The technical examinations can be conducted by:
• any main, related, or appointed offices or institutions of the Ministry of Agriculture and Forestry (in most cases it is Variety Registration and Seed Certification Center (TTSM);
• the applicant if the Ministry finds it appropriate.
The technical examinations can be based on DUS tests conducted by the authorized offices of the UPOV member states. However, these tests should be conducted in the countries where the agricultural climate conditions are the same as in Turkey.
The DUS tests, prepared by the examination offices of any country of the UPOV, should be submitted at the time of the application.
Due to the common practice of UPOV, such reports can only be exchanged between national authorities upon payment of a transmittal fee. Therefore, the UPOV member state, which conducted the examination, may probably not provide the DUS test to the applicant. In such a case, the Turkish PBR Office can communicate with the authorized UPOV member office and request the transmittal of the DUS tests upon request of the applicant.
If the aforesaid DUS test of the UPOV member examination office is not completed and still being carried out at the time of filing application in Turkey, this is declared to the Turkish PBR Office and one of the below documents are submitted during the application:
• The duly filled technical questionnaire provided by the Turkish PBR Office, or,
• The technical questionnaire submitted to the UPOV member examination office along with its sworn Turkish translation.
In addition to the abovementioned documents, relatively reduced technical examination fees should also be paid.
Once the technical examination is completed, the testing agency sends the technical examination report to Registering Plant Breeders’ Rights Committee arranged by the Turkish PBR Office and consisting of experts of various related organizations and offices depending on the type of the plant variety group. After sending the technical examination report to each member of the Committee, the Committee meets (at least with 5 permanent members) for elaborating on the technical examination report. This Committee grants the protection of plant breeders’ rights and records it to the Registry. The applicant receives the Registration Certificate of Plant Breeder’s Rights.
After being recorded at the Registry, the registration decision is published within 30 days as of the registration date. The registration can be opposed by third parties 30 days from the publication date.
The denominations should be made considering the following rules as prescribed by Article 20 of the Regulation on the Protection of Breeder’s Rights regarding New Plant Varieties:
1. The denomination may consist of a meaningful or meaningless word or group of words, words, and numbers, or letters and numbers, provided that it allows the variety to be recognized.
2. The denomination proposed for the variety should be of a different name than the other varieties or the recognition of the variety should be sufficient in terms of linguistics.
3. The denomination should not contain any expressions contrary to public order and general morality.
4. The denomination should not consist of signs indicating the species, quality, quantity, purpose, value, geographical origin, or production date in the plant varieties and seed sector not only in the Turkish languages but also in the languages of the contracting countries of the UPOV convention.
5. The denomination should not be misleading or confusing with respect to the relationship between the variety and the breeder or applicant in terms of geographical origin, value, or characteristics of the variety.
6. In the proposed denomination of the variety, there should be no elements preventing a trademark from being obtained in respect of the products related to the variety in terms of trademark legislation.
7. If a denomination is used for the variety registered in a country that is a party to the UPOV Convention, applications for breeders’ rights should be made under this denomination and the variety is registered under this denomination. Where other denominations are also used in the same variety in other countries, those denominations used in other countries are also recorded in the application registry and the registry of the breeders’ rights. The same also applies to previously registered varieties in Turkey.
8. The proposed denomination for the variety cannot be identical or confusingly similar to the denominations of the same and similar varieties which were registered and are used in Turkey or the contracting parties of the UPOV Convention.
9. Anyone who sells, markets, or otherwise uses the propagation material of the protected variety must use the denomination of the variety. This also includes mainly derived varieties. Even if the breeders’ rights are terminated, the denomination of the variety must be used.
10. Prior rights of third parties with respect to the use of the protected variety are reserved. Because of the previous rights of third parties, if the use of the denomination of the variety is prohibited to the person who has to use this variety, the General Directorate will ask the breeder or the right holder to propose a new denomination for the variety.
11. The use of the denomination proposed for the variety can only be used together with the trademark, trade name, or other similar marks provided that the denomination is written so as to be easily identifiable.
All the plant varieties and species listed under UPOV codes of Principle Botanical Names can be registered in Turkey.
The annuities or renewal fees should be paid within the month of January of every year. In the case of failure of payment, the rights for plant varieties lapse.
There is no grace period for the payment of renewal fees.
The re-establishment of the rights is possible provided that the failure happened in the event of a force majeure. The request for re-establishing the rights due to force majeure should be filed within 6 months from the date of publication of the decision regarding the termination of the rights.
A geographical indication is a sign indicating a product that has become associated with a locality, area, region, or country where it originates due to an apparent characteristic, its reputation, or other features. Geographical indications shall be registered as an appellation of origin or designation of origin according to the features set out below:
a) The names that identify products, which originate from a locality, region, or in exceptional cases a country with designated geographical boundaries; that derive their all or principal characteristics from the natural or human factors exclusively attributed to this geographical area where their production, processing and all other operations take place, are appellation of origin.
b) The names identifying products, which originate from a locality, region, or in exceptional cases a country with designated geographical boundaries; that is associated with this region due to an apparent characteristic, its reputation, or other features; where at least one of the steps from production, processing or other operations take place within the boundaries of the designated geographical area, are the designation of origin.
Names that are traditionally used to designate products that fulfill the conditions stated in the first paragraph of this Article, which is used in daily language and does not contain a geographical name may also be considered as an appellation of origin or designation of origin even if those names do not include a geographical name.
Names that are not considered as an appellation of origin or designation of origin but are proven to have been traditionally used in the relevant market for at least thirty years to describe the product and fulfill at least one of the following conditions, shall be identified as traditional specialty guaranteed:
a) Originating from the traditional method of production or processing or traditional composition.
b) Produced with traditional raw material or ingredients.
A patent is a type of intellectual property right that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time (usually 20 years) in exchange for disclosing the invention.
A power of attorney is a legally authenticated document by which the local agent is authorized to represent the applicant for their Intellectual property matters in a specific country.
A sworn translation is an authenticated translated document, while a normal translation is completed by an individual fluent in the language and it does not have to be authenticated.
Apostille: is authentication that verifies the seals and signatures of officials on public documents such as birth certificates, court orders, or any other document issued by a public authority so that they can be recognized in foreign countries that are members of the 1961 Hague Convention Treaty.
Notarized: is authentication by a notary public who is qualified by the state in the country of which the document was issued.
Legalization: is an authentication stamp from the embassy of which the country the document will be sent to is used.
Gamze C. Bakır, yerli ve yabancı müvekkillere Türkiye ve yurtdışında fikri mülkiyet haklarının korunmasına yönelik danışmanlık vermektedir. Uzun yıllar bir danışmanlık firmasının Uluslararası Marka ve Tasarım Departmanında yönetici olarak çalışan Bakır, yurtdışı marka ve tasarım başvuru şekilleri, ülke prosedürleri, tescil ve sonrası işlemler ve kurum içi ve dışı eğitimler konusunda tecrübe sahibidir.
Gamze C. Bakır, sınai mülkiyet alanında ulusal ve uluslararası birçok eğitime, seminere ve toplantıya katılmıştır. Türkiye’de birçok kurumda konuşmacı olarak yurtdışı marka ve tasarım tescili konularında eğitimler vermiştir.
2013 yılında, TürkPatent nezdinde işlem yapma yetkisi veren Marka Vekili unvanını kazanmıştır.
Katıldığı Uluslararası Etkinlikler
INTA Seattle, 17-24 Mayıs 2018
Dünya Fikri Mülkiyet Örgütü (WIPO) ziyareti, Cenevre, 21-24 Ocak 2018
ECTA Budapeşte, 28 Haziran – 1 Temmuz 2017
INTA Barselona 20-25 Mayıs 2017
Avrupa Fikri Mülkiyet Ofisi (EUIPO) ziyareti, Alicante, 19-23 Şubat 2017
ECTA Dubrovnik, 22-25 Haziran 2016
INTA Orlando, 21-25 Mayıs 2016
ECTA Hamburg, 10-13 Haziran 2015
INTA San Diego, 2-6 Mayıs 2015
INTA, “Hot Trademark Issues in the Middle East, Africa and South Asia Region,” Dubai, 9-10 Aralık 2013
Eğitim
Orta Doğu Teknik Üniversitesi, Yüksek Lisans (2011)
Hacettepe Üniversitesi, Lisans (2005)
Nihan Ö. Saman, yerli ve yabancı müvekkillere Türkiye ve yurtdışında fikri mülkiyet haklarının korunmasına yönelik danışmanlık vermektedir. Uzun yıllar bir danışmanlık firmasının uluslararası marka ve tasarım departmanında çalışan Saman, yurtiçi ve yurtdışı marka ve tasarım başvuru şekilleri, ülke prosedürleri, tescil ve sonrası işlemler ve kurum içi eğitimler konusunda tecrübe sahibidir.
Nihan Ö. Saman, birçok ulusal ve uluslararası eğitim ve seminere katılmıştır.
2013 yılında, TürkPatent nezdinde işlem yapma yetkisi veren Marka Vekili unvanını kazanmıştır.
Sertifikalar & Aldığı Eğitimler
Fikri ve Sınaî Mülkiyet Hakları, Ulusal ve Uluslararası Uygulamalar, FİSAUM, Ankara Üniversitesi, 2014
Seminar on the Madrid System for the International Registration of Marks, WIPO, Cenevre, 2014
Dış Ticaret Uzmanlığı Eğitimi, Sun Akademi, Ankara, 2009
Eğitim
Hacettepe Üniversitesi, 2005 (Lisans)
Hacettepe Üniversitesi, 2011 (Yüksek Lisans)
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