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Filing and registration
Do agents filing for registration of a mark on behalf of the owner require power of attorney? If so, is notarisation or legalisation required?
Agents filing for registration of a mark on behalf of the owner require power of attorney. Notarisation or legalisation is not required.
What information and documentation must be submitted in a trademark registration application?
The following information must be submitted in a trademark registration application:
- information regarding the applicant;
- information regarding the representative (if any);
- information regarding the priority right (if any);
- a visual representation of the trademark;
- a list of the applicable goods and services;
- power of attorney (if the application is filed by a representative);
- the equivalent Latin letter for any non-Latin alphabet letters; and
- information about the common representative (if any).
What rules govern the representation of the mark in the application?
The application must contain a representation of the trademark which exhibits the trademark in a clear and exact manner.
Are multi-class applications allowed?
Yes – multi-class applications are allowed.
Is electronic filing available?
Yes – multi-class applications are allowed.
What are the application fees?
The official application fee is TRY205 (approximately €50) for each class of application filed in 2017. If priority is claimed, the official fee is TRY165 (approximately €40).
How are priority rights claimed?
The applicant must indicate the priority right to be claimed when filing the application and pays the priority claim fee. The priority document must be submitted to the Patent and Trademark Office within three months from the application date, otherwise the application will be processed as an application without a priority claim.
Are trademark searches available or required before filing? If so, what procedures and fees apply?
Trademark searches are available before filing, but are not obligatory. The Patent and Trademark Office conducts searches on written request for word marks; however, searches for device marks are not available. The official cost for a search of one word in one class is TRY50 (approximately €15) and TRY20 (approximately €5) for each additional class.
What factors does the authority consider in its examination of the application?
The Patent and Trademark Office conducts a procedural review on the accuracy and completeness of the application documents. If no deficiency is identified, it conducts an ex officio examination on absolute grounds. For example, it evaluates whether the applied sign is non-distinctive, descriptive or deceptive with regard to the applied-for goods or services and searches whether any identical or indistinguishably similar trademarks covering the same kind of goods or services exist.
Does the authority check for relative grounds for refusal (eg, through searches)?
No – relative grounds for refusal are checked by the authority only if there is an opposition.
If the authority raises objections to the application, can the applicant take measures to rectify the application? If so, what rules and procedures apply?
During the ex officio examination, the Patent and Trademark Office may demand the completion of incomplete information or fees or reject the application on absolute grounds. If the Patent and Trademark Office demands completion of incomplete information or fees, this can be rectified within two months from the notification date which will ensure continuation of the application for the goods and services concerned. However, if the Patent and Trademark Office rejects the application on the basis of absolute grounds, the applicant can appeal the decision and ask for the application to be re-examined.
Can rejected applications be appealed? If so, what procedures apply?
If an application is rejected, the decision can be appealed. An appeal must be filed before the Patent and Trademark Office’s Re-examination and Evaluation Board within two months from the notification date of the refusal. The deadline is non-extendable.
When does a trademark registration formally come into effect?
Rights arising from a trademark can be allocated to third parties as of the trademark application’s publication date in the Official Trademark Bulletin. However, courts cannot grant a decision on the basis of a trademark before the registration’s publication.
What is the term of protection and how can a registration be renewed?
The term of protection is 10 years from the application date. Registration can be renewed for an unlimited number of successive 10-year periods. A registration can be renewed from six months before the expiration date until six months following the expiration date. A registration can be renewed by filing a renewal application with the Patent and Trademark Office and paying the renewal fee. If the renewal application is filed within six months after the expiration date, a penalty must be paid.
What registration fees apply?
The registration fee for 2017 is TRY560 (approximately €130), irrespective of the number of classes.
What is the usual timeframe from filing to registration?
The usual timeframe is 10 to 12 months.
Can third parties formally oppose an application? If so, on what grounds and what rules and procedures apply?
Third parties can formally oppose an application on the basis of:
- absolute grounds (eg, an identical or indistinguishably similar earlier trademark that covers identical or similar kinds of goods exists, the application is non-distinctive, descriptive or misleading in character or the trademark’s meaning makes it open to use in trade); and
- relative grounds (eg, likelihood of confusion, risk of dilution, bad faith or prior use).
The opposition period regulated under IP Law 6769 is two months (previously it was three months). However, according to Temporary Article 1 of the law, trademark applications filed before January 10 2017 must be finalised in accordance with the legislation which was effective on the date of their application. Therefore, for applications filed before January 10 2017, the opposition period will be three months. The deadline is non-extendable. If the opposition is filed by a representative, it must submit a power of attorney at the time of filing or the opposition demand will be rejected without any examination on the merits. Once the opposition is filed, it is notified to the applicant for national applications. The applicant has a right to file counterstatements. If the application is an international application, opposition is not notified to the applicant.
What is the usual timeframe for opposition proceedings?
The usual timeframe for opposition proceedings is six to eight months.
Are opposition decisions subject to appeal? If so, what procedures apply?
Opposition decisions are subject to appeal. An appeal can be filed before the Re-examination and Evaluation Board within two months from the decision’s notification date. The deadline is non-extendable. If the appeal is filed by a representative, it must submit a power of attorney at the time of filing or the appeal will be rejected without any examination on the merits. Once the appeal is filed, it is notified to the applicant or opponent, depending on the conclusion of the opposition decision. Counterstatements can also be filed.
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