Trademarks Law in Turkey
Certainly! Here's a comprehensive overview of trademark law in Turkey:
🇹🇷 Trademark Law in Turkey
📜 Governing Legislation:
Trademark protection in Turkey is governed by:
Industrial Property Code No. 6769, effective from January 10, 2017.
Administered by the Turkish Patent and Trademark Office (TÜRKPATENT).
This law is aligned with EU IP law and international standards.
🔖 What is a Trademark?
A trademark is any sign that can be represented graphically and distinguishes the goods or services of one enterprise from those of others.
Includes words, logos, letters, numbers, colors, shapes, packaging, sounds, and combinations.
📋 Trademark Registration:
Registration is required to acquire exclusive rights to a trademark in Turkey.
Applications must be filed with TÜRKPATENT.
Turkey follows the Nice Classification system (45 classes of goods and services).
The application process includes:
Formal examination
Publication for opposition (2 months)
Substantive examination if opposed
📝 Requirements for Registration:
The trademark must be:
Distinctive
Not deceptive or contrary to public order or morality
Not confusingly similar to prior trademarks
Not descriptive or generic
⏳ Duration of Protection:
Trademark protection lasts 10 years from the filing date.
Can be renewed indefinitely in 10-year periods.
🛡️ Rights Conferred:
Exclusive right to use the trademark for the registered goods/services in Turkey.
Right to object to unauthorized use or confusingly similar trademarks.
Right to license, assign, or enforce the mark.
⚖️ Enforcement and Remedies:
Trademark owners can enforce rights through:
Civil litigation
Criminal prosecution (e.g., for counterfeiting)
Customs enforcement (to prevent import/export of infringing goods)
Remedies include:
Injunctions
Compensation for damages
Seizure and destruction of infringing goods
🌍 International Treaties:
Turkey is a member of several key IP treaties, including:
Madrid Protocol (for international registration via WIPO)
Paris Convention
TRIPS Agreement
Nice Agreement
Vienna Agreement
📝 Summary Table:
| Aspect | Detail |
|---|---|
| Law | Industrial Property Code No. 6769 (2017) |
| Office | Turkish Patent and Trademark Office (TÜRKPATENT) |
| Registration | Mandatory for exclusive rights |
| Duration | 10 years, renewable |
| Rights | Exclusive use, licensing, enforcement |
| Enforcement | Civil, criminal, customs remedies |
| International Treaties | Madrid, Paris, TRIPS, Nice, Vienna |
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