trademark assignment in turkey

How to Start a Trademark Assignment in Turkey?

Turkish Intellectual Property Law Turkish Trademark Law

In the realm of intellectual property rights, trademarks hold paramount importance as they serve as unique identifiers for a brand, product, or service. The process of trademark assignment in Turkey involves the transfer of ownership of a registered trademark from one party to another.

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Conditions for Trademark Assignment

Procedures for trademark assignment, role of a trademark assignment lawyer, turkish trademark services, reach us for trademark assignment in turkey.

Our Turkish trademark attorneys represent our clients before the Turkish Patent and Trademark Office for patent , trademark , design patent law , and utility model applications, appeals, and oppositions as well. Our clients range from Fortune 500 companies to emerging companies to individuals.

Understanding Trademark Assignment in Turkey

Trademark assignment involves the outright transfer of rights, title, and interest in a registered trademark from the assignor (current owner) to the assignee (new owner). This legal process enables businesses to restructure, merge, or consolidate their assets, expand their operations, or enter into new markets.

Additionally, it allows individuals and entities to capitalize on the goodwill associated with an established trademark.

In Turkey, the assignment of trademarks is governed by the Industrial Property Code (IPC) No. 6769, which outlines the conditions that must be met for a valid assignment:

Written Agreement: A comprehensive written agreement must be executed between the assignor and the assignee, clearly outlining the terms and conditions of the assignment.
Explicit Consent: The assignment requires the explicit consent of the trademark owner, who must be of sound mind and legal capacity to grant such consent.
Distinctiveness and Validity: The trademark subject to assignment must be distinctive, non-generic, and validly registered with the Turkish Patent and Trademark Office (TPTO).
No Deception or Misleading: The assignment should not lead to deception or confusion among the public regarding the origin, quality, or characteristics of the goods or services associated with the trademark.

The process of trademark assignment in Turkey typically involves the following steps:

Due Diligence: Both parties, the assignor, and the assignee, should conduct a thorough due diligence process to verify the trademark’s validity, scope of protection, and any potential legal challenges.
Negotiation and Agreement: The parties negotiate the terms of the assignment, including the consideration or payment for the assignment, and execute a written agreement to formalize the transfer of ownership.
Application to TPTO: The assignee must submit a joint request to the TPTO, including the notarized assignment agreement, along with other necessary documents as per the IPC.
TPTO Examination: The TPTO examines the application to ensure compliance with legal requirements. If all conditions are met, the transfer of ownership is recorded in the Trademark Registry and published in the Official Trademark Bulletin.
Publication and Opposition: Following publication, interested parties have the opportunity to oppose the assignment within a designated timeframe.
Registration: Upon successful completion of the process and no valid opposition, the TPTO registers the assignment, recognizing the assignee as the new trademark owner.

Engaging the services of an experienced trademark assignment lawyer in Turkey can significantly streamline and facilitate the process. A proficient attorney can provide the following services:

Legal Guidance: A lawyer ensures that the assignment complies with all relevant laws and regulations, minimizing the risk of potential disputes or rejections.
Document Drafting: Crafting a robust assignment agreement is crucial, and a skilled lawyer can draft a comprehensive document that protects the interests of both parties.
Due Diligence: Conducting a thorough due diligence review to identify any existing challenges or conflicts related to the trademark before proceeding with the assignment.
Representation: An attorney represents the client throughout the application process, liaising with the TPTO and addressing any opposition or legal inquiries.
Dispute Resolution: In the event of a dispute or opposition, a trademark assignment lawyer can employ effective legal strategies to resolve the matter efficiently.

We offer our clients the full range of legal services encompassed by a branding strategy:

Trademark application and registration
Trademark renewals in Turkey
Trademark assignment in Turkey
Prosecution and maintenance of trademarks
Principal and supplemental registrations
Trademark assignment, and franchising
Trademark infringement analysis
Civil litigation includes infringement and counterfeiting
TPTO litigation including opposition and appeals

Maximize your business potential with expert trademark assignment services in Turkey. Our experienced trademark assignment lawyers guide you through the intricate process, ensuring compliance with legal requirements and minimizing risks.

With a comprehensive due diligence review, meticulous document drafting, and strategic representation, our attorneys protect your interests and facilitate a hassle-free transfer of ownership. Don’t miss out on expanding your business horizons.

Embrace the future with confidence, knowing your brand is in capable hands. Contact us today to embark on a seamless trademark assignment journey.

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How To Apply

Trademark

Trademark Fees

In Türkiye, trademark protection is granted according to the provisions of 6769 Industrial Property Code.

Who may apply for trademark protection in Türkiye?

The protection for trademarks in Türkiye is available to natural or legal entities domiciled or engaged in industrial or commercial activities within the borders of Republic of Türkiye, or to the persons who have the right of application according to the Paris Convention or Agreement Establishing the World Trade Organization. Natural or legal persons other than those referred above, who are citizens of states which accord legal and de facto protection to the citizens of the Turkish Republic shall enjoy trademark protection in Türkiye according to the reciprocity principle.

What are the means of making an international application in order to enjoy trademark protection in Türkiye?

Basically, there are two ways of applying for a trademark protection in Türkiye:

1) Direct application to Turkish Patent and Trademark Office: The first way of making a trademark registration application is to file an application directly to Turkish Patent and Trademark Office.

Those who are domiciled outside the borders of Republic of Türkiye-except for those making an application through the Madrid Protocol- can only be represented by trademark attorneys who are authorized to act before the Office. (for the list of trademark attorneys: https://www.turkpatent.gov.tr/vekil-arastirma)

2) International Applications through the Madrid System: The second alternative for making a trademark application in Türkiye is to use the Madrid System which is administered by World Intellectual Property Organisation (WIPO). Madrid System is formed by two treaties complementing each other. These treaties are the Madrid Agreement and the Madrid Protocol. Türkiye is only a member of the Protocol. Therefore, it accepts applications from only the States which are party to the Protocol or from the States which are party to both the Agreement and the Protocol. In both cases, the governing treaty for the international applications filed to Turkish Patent and Trademark Office is the Madrid Protocol.

Who can benefit from the Madrid System?

An international application can be made by natural or legal persons who have a real and effective industrial or commercial establishment in a State party to the Madrid Protocol (or both the Protocol and the Agreement) or who are nationals of or domiciled in that State.

In order to obtain international registration, it is compulsory to have a registered trademark or a pending application for registration in the Office of Origin. The extension on the list of goods and/or services of the basic registration or basic application is not possible.

For detailed information about the international applications through the Madrid System, please follow the link http://www.wipo.int/madrid/en/.

Examination of Trademark Applications in Turkish Patent and Trademark Office

Trademarks Department of the Turkish Patent and Trademark Office carries out an examination system, which consists of procedural examination, examination for absolute grounds for refusal, publication, examination of oppositions and appeals.

Procedural examination: TÜRKPATENT shall formally examine the conformity of the application. In case it is decided that there are no deficiencies , the application shall finalize in date, hour and minute of its date of reception. In case there is a deficiency in the application, the applicant shall be given a period of two months to remedy the deficiency. Application whose deficiencies are not remedied within the prescribed period shall be cancelled. However, in case the application has been filed for goods or services covering more than one class and the nonpayment of the fee regarding classes is not remedied in the prescribed period, the application shall be examined for class or classes covered by the paid fee.

Examination for absolute grounds for refusal and publication: If the Office decides that the application does not have any formal deficiencies, it shall examine the application in accordance with Article 5 of 6769 Industrial Property Code. As a result of the examination, if it is concluded that the application may not be registered for some or all of the goods or services in the scope of the application, the application shall be refused for those goods or services. An application, which has fulfilled the conditions of application and has not been refused, shall be published in the Bulletin.

Letter of Consent: A trademark application may not be refused according to identically or indistinguishably similar to a trademark, if a notarial document indicating the clear consent of the prior trademark proprietor for the registration of the application is submitted to the TÜRKPATENT.

Examination of oppositions and appeals: If no grounds for refusal is found in the first examination, the application will be published in the monthly Official Trademark Bulletin. Third persons may file oppositions in 2 months time limit following the publication date of the Bulletin. If there are no oppositions filed within the abovementioned time limit, the application will be registered in the Trademark Register and it shall be published in the Official Trademark Bulletin. If the application is refused totally or partially in the first examination, the applicant may lodge an appeal to the TÜRKPATENT in 2 months time limit. In this case, the application should be re-examined regarding the appeal. If the appeal is found acceptable, the application will be published totally or partially in the Bulletin, this means that the application may be the subject of a further refusal following an opposition.

Evidence proving that the trademark been genuinely used:The Office shall request the applicant to submit his observations concerning the oppositions within the prescribed period. 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-years 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 the aforesaid, 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.

For the examination of oppositions, TÜRKPATENT Trademarks Department has a separate division (oppositions division). Parties who are not satisfied with the decisions of this division can also appeal to the decisions before the Office.

Re-Examination and Evaluation Department is the final decision making body of the Office. A legal proceeding can be instituted against these decisions at Ankara Intellectual and Industrial Rights Civil Court within two months of the notification date of the decision.

Registration: An application; which have been filed without deficiency or whose deficiencies have been remedied; have been examined and published in the Bulletin, against which there has been no opposition or such opposition has been ultimately rejected, and all stages have been completed upon submission to the Office of missing documents within the prescribed period, including information demonstrating that registration fee is paid, shall be recorded in the registry by registration and shall be published in the Bulletin. In case of failure to deposit the fee concerning registration of the trademark and submitting to the Office the information concerning the payment within the prescribed period, the application shall be abolished.

Renewal: The term of protection for registered trademark is ten years from the date of application. This term shall be renewed for periods of ten years. Request for renewal needs to be made by the trademark proprietor within six months before the expiry of the protection date and the information regarding the payment of the fee needs to be submitted to the Office within the same period. In case no request is made or the information regarding payment of the renewal fee is not submitted to the Office within this period, renewal request may be made within six months after the expiry of the protection date, provided that an additional fee is paid.

The following flow chart shows the stages and related time limits that a trademark application follows in Turkish Patent and Trademark Office:

Koca & Ersöz Hukuk Bürosu / Anwaltskanzlei

How to assign a trademark in turkey.

Assignment of a trademark is a way of transferring the legal ownership from one person to another. This process was considered as a part of a merger & acquisition in the past, however it is possible to assign a trademark independently now. There are three ways to assign a trademark: as a part of the merger & acquisition process, by court decisions, and by a commercial contract.

Turkish Code on Industrial Property No: 6769 and Procedural Act No:566 regulate the assignment procedure. Accordingly, the trademark holder is authorized to assign the trademark partially or completely. However, if the trademark is registered in only one class, it shall be transferred entirely. In case which the assignment made by contract, it must be in writing. Besides, approval by a notary is substantial. Even though registration of the assignment is not mandatory, it is beneficial for the parties considering that they may face with third party’s objections. The reason here is that the law protects third party’s objections in good faith.

The parties may prefer a brief assignment contract which encloses only the essential information such as identities of the parties, the assignment fee, the trademark’s registration or application number, and the list of the goods and services only if the assignment is partial. After the contract is signed and approved by the notary, the parties should register the assignment contract to the Office. The relevant fee is determined by the Office, which is 665 Turkish Liras in 2021.

Transferring the trademark may be a risk considering that the consumers may confuse about the goods & services and relevant company. Therefore, Procedural Act No: 566 restraints such registrations that may cause unfair competition or confusion. According to these limitations, if the prospective registration may mislead consumers about the origin, and quality of the goods & services, the Office has a right to request the limitation of the goods & services.

To conclude, a trademark has always been an important asset as distinctive representative of particular goods & services in the market. Assignment of a trademark contains transferring the current and future consumers as well as the share in the market. Therefore, the trademark holder should consider all the aspects of an assignment before signing a contract.

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The target audience of this text is all real persons whose personal data are processed by our Office, except for our Office employees or employee candidates who have applied for a job at our Office.

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Name, surname, T.C. id number, address, phone number, e-mail address, signature, physical location/security video recording, call center/quality of service audio recording, bank account number, cookie records

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Will be processed for the purpose of participation in training, seminars or organizations organized by our office.< / li>

Method of collection and storage of personal data ; Your personal data that you share with our office may be collected verbally, in writing or electronically by automatic or non-automatic methods, offices, website, social media channels, mobile applications and similar means. Your personal data will be stored in electronic and/or physical environments. Technical security infrastructure improvements are implemented by designing the business processes required to ensure that your personal data provided and stored by our office are not exposed to unauthorized access, manipulated, lost or damaged in the environments where they are stored Jul.

Your personal data will be processed by taking all necessary information security measures with the registration of not being used outside the purposes and scope notified to you, and will be stored and processed for the duration of legal storage or, if such a period is not foreseen, for the period required by the purpose of processing. When this period expires, your personal data will be removed from the data streams of our Office by deletion, destruction or anonymization methods.

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We have authorized Lawyers, trainee lawyers, business followers, law firms that work together, to our representatives,
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To private and public institutions and organizations that are necessary for the execution and continuation of business and consulting and are suitable for the purpose of business.< / li>
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To find out if it has been processed,
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Do not object to the occurrence of a result against you due to its analysis exclusively by automated systems,
If you suffer damage due to illegal processing, you have the right to request compensation for the damage.< / li>

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In order to exercise your rights mentioned above, you can personally hand-deliver your request petition with the necessary identifying information, send it through a notary public or other methods determined by the Personal Data Protection Board.

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Trademark Assignment in Turkey

What is trademark assignment.

Trademark Assignment Procedures in Turkey

Checking for whether the acquired brand has a lien or restrictive pledge status
Preparation of the trademark assignment contract
To prepare documents for transferring transactions and to make transactions in front of the Turkish Trademark and Patent Authority
If required during the transfer process, a new record can be arranged on the transferring company.
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At Ata Patent Group, we understand that your trademarks are valuable assets that can shape your brand’s identity and success. Our tailored trademark assignment lawyers solutions empower you to maximize the potential of these assets while ensuring seamless transitions.

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Why Choose our Trademark Assignments Lawyers?

Our assignment services, contact our trademark assignment lawyers in turkey.

With our expert guidance, you can confidently navigate the intricate assignment procedures in Turkey, leaving no room for errors or uncertainties. We prioritize your objectives, offering not just legal expertise, but a partnership that strategically positions your trademarks for growth.

Experience the peace of mind that comes from knowing your trademark assignments are in the hands of skilled professionals who are dedicated to unlocking opportunities for your business.

How to Begin with a Trademark Assignment

Consultation: Reach out to us for an initial consultation. Our Turkish trademark attorneys will listen to your needs, gather relevant information, and provide tailored advice.
Assignment Strategy: Based on your goals, we will craft a customized assignment strategy that aligns with your business objectives.
Document Preparation: Our team will handle the preparation of all necessary documents, ensuring accuracy and completeness.
Filing and Execution: We’ll guide you through the filing process, securing necessary approvals, and overseeing the execution of the assignment agreement before the Turkish Patent and Trademark Office (TURKPATENT).
Follow-Up: Our commitment doesn’t end with filing. We’ll provide ongoing support, address any concerns, and keep you informed about the progress of your assignment.
Unparalleled Expertise: Our expert trademark lawyers possess a deep understanding of the Turkish legal framework and the intricacies of trademark assignments. With a proven track record, we are well-equipped to handle a wide range of assignment scenarios.
Comprehensive Services: We offer end-to-end solutions for trademark assignments, guiding you through every step of the process. Whether you’re a domestic or international client, we have the knowledge and resources to assist you.
Proven Success: Ata Patent Group boasts a history of successful trademark assignment cases. Our client testimonials speak to our commitment to delivering results that exceed expectations.
Guidance on Assignment Procedures: Navigating the assignment procedures in Turkey can be complex. Our experts will provide you with detailed guidance on the steps involved, ensuring a smooth transition of trademark rights.
Filing an Assignment at the Turkish Patent and Trademark Office: Our team will handle all aspects of filing the assignment with the Turkish Patent and Trademark Office. From document preparation to submission, we ensure accuracy and adherence to legal requirements.
Due Diligence: We conduct thorough due diligence to assess the viability and legality of the assignment. This includes assessing the validity of the trademark, analyzing ownership rights, and identifying potential challenges.
Drafting and Reviewing Agreements: Our attorneys excel in drafting precise and comprehensive assignment agreements that safeguard your interests. We also review agreements to ensure compliance with Turkish law and industry best practices.
Representation in Disputes: Should any disputes arise during the assignment process, our litigators are prepared to represent your interests and navigate resolution strategies.

Turkish Trademark Lawyers Ata Patent Group

When it comes to trademark assignment in Turkey, Ata Patent Group stands as your trusted partner. Contact us today to embark on a journey toward successful trademark assignments with unmatched legal expertise by your side.

Turkish Trademark Assignment: How to Assign Trademarks?

At Ata Patent Group, we understand the complexities involved in the process of Turkish trademark assignment . Established in 1996, our firm has been dedicated to providing comprehensive intellectual property (IP) services in Istanbul, Turkey.

Our experienced team of Turkish trademark lawyers is well-versed in the intricacies of trademark law and is committed to guiding our clients through every step of the trademark assignment process.

Table of Contents

Conditions for a Turkish Trademark Assignment

Procedures for trademark assignment, role of a trademark assignment lawyer, turkish trademark services, reach us for a turkish trademark assignment.

Our Turkish trademark attorneys represent our clients before the Turkish Patent and Trademark Office (TURKPATENT) for patent , trademark , design patent law , and utility model applications, appeals, and oppositions as well. Our clients range from Fortune 500 companies to emerging companies to individuals.

Understanding Turkish Trademark Assignment

Turkish trademark assignment involves the outright transfer of rights, title, and interest in a registered trademark from the assignor (current owner) to the assignee (new owner). This legal process enables businesses to restructure, merge, or consolidate their assets, expand their operations, or enter into new markets.

Additionally, it allows individuals and entities to capitalize on the goodwill associated with an established trademark.

In Turkey, the assignment of trademarks is governed by the Industrial Property Code (IPC) No. 6769, which outlines the conditions that must be met for a valid assignment:

Written Agreement: A comprehensive written agreement must be executed between the assignor and the assignee, clearly outlining the terms and conditions of the assignment.
Explicit Consent: The assignment requires the explicit consent of the trademark owner, who must be of sound mind and legal capacity to grant such consent.
Distinctiveness and Validity: The trademark subject to assignment must be distinctive, non-generic, and validly registered with the TURKPATENT.
No Deception or Misleading: The assignment should not lead to deception or confusion among the public regarding the origin, quality, or characteristics of the goods or services associated with the trademark.

The process of trademark assignment in Turkey typically involves the following steps:

Due Diligence: Both parties, the assignor, and the assignee, should conduct a thorough due diligence process to verify the trademark’s validity, scope of protection, and any potential legal challenges.
Negotiation and Agreement: The parties negotiate the terms of the assignment, including the consideration or payment for the assignment, and execute a written agreement to formalize the transfer of ownership.
Application to TURKPATENT: The assignee must submit a joint request to the TURKPATENT, including the notarized assignment agreement, along with other necessary documents as per the IPC.
TURKPATENT Examination: The TURKPATENT examines the application to ensure compliance with legal requirements. If all conditions are met, the transfer of ownership is recorded in the Trademark Registry and published in the Official Trademark Bulletin.
Publication and Opposition : Following publication, interested parties have the opportunity to oppose the assignment within a designated timeframe.
Registration: Upon successful completion of the process and no valid opposition, the TURKPATENT registers the assignment, recognizing the assignee as the new trademark owner.

Engaging the services of an experienced Turkish trademark assignment lawyer can significantly streamline and facilitate the process. A proficient attorney can provide the following services:

Legal Guidance: A lawyer ensures that the assignment complies with all relevant laws and regulations, minimizing the risk of potential disputes or rejections.
Document Drafting: Crafting a robust assignment agreement is crucial, and a skilled lawyer can draft a comprehensive document that protects the interests of both parties.
Due Diligence: Conducting a thorough due diligence review to identify any existing challenges or conflicts related to the trademark before proceeding with the assignment.
Representation: An attorney represents the client throughout the application process, liaising with the TURKPATENT and addressing any opposition or legal inquiries.
Dispute Resolution: In the event of a dispute or opposition, a trademark assignment lawyer can employ effective legal strategies to resolve the matter efficiently.

We offer our clients the full range of legal services encompassed by a branding strategy:

Trademark application and registration
Trademark renewals in Turkey
Turkish trademark assignment
Prosecution and maintenance of trademarks
Principal and supplemental registrations
Trademark assignment, and franchising
Trademark infringement analysis
Civil litigation includes infringement and counterfeiting
TURKPATENT litigation including opposition and appeals

Embrace the future with confidence, knowing your brand is in capable hands. Contact us today to embark on a seamless trademark assignment journey.

Why Choose our Trademark Assignments Lawyers?

Our assignment services, contact our trademark assignment lawyers in turkey.

Experience the peace of mind that comes from knowing your trademark assignments are in the hands of skilled professionals who are dedicated to unlocking opportunities for your business.

How to Begin with a Trademark Assignment

Consultation: Reach out to us for an initial consultation. Our Turkish trademark attorneys will listen to your needs, gather relevant information, and provide tailored advice.
Assignment Strategy: Based on your goals, we will craft a customized assignment strategy that aligns with your business objectives.
Document Preparation: Our team will handle the preparation of all necessary documents, ensuring accuracy and completeness.
Filing and Execution: We’ll guide you through the filing process, securing necessary approvals, and overseeing the execution of the assignment agreement before the Turkish Patent and Trademark Office (TPTO).
Follow-Up: Our commitment doesn’t end with filing. We’ll provide ongoing support, address any concerns, and keep you informed about the progress of your assignment.

Unparalleled Expertise: Our seasoned trademark lawyers possess a deep understanding of the Turkish legal framework and the intricacies of trademark assignments. With a proven track record, we are well-equipped to handle a wide range of assignment scenarios.
Comprehensive Services: We offer end-to-end solutions for trademark assignments, guiding you through every step of the process. Whether you’re a domestic or international client, we have the knowledge and resources to assist you.
Proven Success: Patentixa boasts a history of successful trademark assignment cases. Our client testimonials speak to our commitment to delivering results that exceed expectations.
Guidance on Assignment Procedures: Navigating the assignment procedures in Turkey can be complex. Our experts will provide you with detailed guidance on the steps involved, ensuring a smooth transition of trademark rights.
Filing an Assignment at the Turkish Patent and Trademark Office: Our team will handle all aspects of filing the assignment with the Turkish Patent and Trademark Office. From document preparation to submission, we ensure accuracy and adherence to legal requirements.
Due Diligence: We conduct thorough due diligence to assess the viability and legality of the assignment. This includes assessing the validity of the trademark, analyzing ownership rights, and identifying potential challenges.
Drafting and Reviewing Agreements: Our attorneys excel in drafting precise and comprehensive assignment agreements that safeguard your interests. We also review agreements to ensure compliance with Turkish law and industry best practices.
Representation in Disputes: Should any disputes arise during the assignment process, our litigators are prepared to represent your interests and navigate resolution strategies.

When it comes to trademark assignment in Turkey, Patentixa stands as your trusted partner. Contact us today to embark on a journey toward successful trademark assignments with unmatched legal expertise by your side.

Aug 6, 2019

Trademark Assignment in Turkey

Updated: Jul 17

In Turkey, the ownership of trademarks, regardless of whether they are registered or pending following application, can be transferred to third parties through a trademark assignment agreement.

Agreement to be notarized and recorded

A trademark assignment must be concluded in writing and approved by a notary public. As per article 148 (4) of the Industrial Property Code numbered 6769, the approval from a notary is a requirement for validity.

The assignment agreement must be signed by either the authorized signatories of the parties or their attorneys assigned through a power of attorney before the notary public.

If the assignment agreement is to be signed outside of Turkey, the respective assignment must be notarized, apostilled in the respective country, and the respective notarized and apostilled copy of the agreement must be translated into Turkish by a sworn translator.

Although the notary approval has a constitutive effect between the parties of the agreement, the assignment of the trademark must also be recorded with the Turkish Patent and Trademark Office (“ Office ”) for the trademark assignment to become enforceable towards third parties.

For the assignment to be recorded with the Office:

A petition requesting the recordation of the assignment and a copy of the notarized assignment agreement must be submitted to the Office; and

An official recordation fee of the assignment, which is TRY 3,430 in 2024 for each trademark, must be paid to the Office.

The Office does not require the trademark attorney to have a power of attorney for this recordation application.

Scope of the trademark assignment agreement

In addition to a detailed agreement, a short agreement may also serve the recording purpose of the trademark assignment provided that the following information is included in the agreement:

Identities of the assignor and the assignee,

Application/registration number of the trademark to be assigned,

If a partial assignment, the list of goods/services of the trademark subject to transfer.

Assignment of ownership through a merger of companies or a court decision

The ownership of a trademark may also be changed as a result of a merger of two companies or a Turkish court decision ruling such change. In such cases, the respective change in the ownership should also be recorded with the Office by submitting a petition requesting the change in the ownership and the official document evidencing such change (instead of the assignment agreement) with the payment of the official recordation fee to the Office.

For further queries, please contact:

Dogukan Berk Aksoy, LL.M.

Attorney at Law | Trademark Attorney | Patent Attorney

E: [email protected]

T: +90 312 969 09 63

The Ultimate Guide for Trademark Registration in Turkey

Madrid System

Trademark fees, the benefits of registering a trademark: why you should register your trademark in turkey, most important tips for avoiding common mistakes in trademark registration, turkish patent and trademark office: introduction and definition.

The Turkish Patent and Trademark Office (TurkPatent) is a governmental organization responsible for the administration of intellectual property (IP) rights in Turkey. It was established in 1995 as a specialized agency under the Ministry of Industry and Trade, and its main function is to grant patents, trademarks, industrial designs, and geographical indications.

The TurkPatent is responsible for the examination of patent, trademark, and industrial design applications, the registration of granted rights, and the enforcement of IP rights.

The office aims to promote innovation and creativity by encouraging the protection of intellectual property in Turkey and creating a favourable environment for investment in research and development.

Patents granted by the TurkPatent provide exclusive rights to the patent holder to prevent others from producing, using, or selling an invention without the patent holder's consent.

Trademarks, on the other hand, provide exclusive rights to the trademark owner to use a particular name, logo, or design to identify and distinguish their goods or services from those of others in the marketplace.

In summary, the TurkPatent plays a crucial role in the protection of intellectual property rights in Turkey and helps to promote innovation and creativity in the country.

The Madrid System is a centralized international trademark registration system that simplifies the process of protecting trademarks globally. It is administered by the International Bureau of the World Intellectual Property Organization (WIPO) and allows a trademark owner to file a single application in one language and pay one set of fees to protect their trademark in multiple countries or regions that are members of the Madrid System.

The Madrid System is made up of two international treaties: the Madrid Agreement Concerning the International Registration of Marks, which was signed in 1891 and the Protocol Relating to the Madrid Agreement, which was adopted in 1989. Together, these treaties form the basis of the Madrid System and provide the legal framework for the international registration of trademarks.

To use the Madrid System, a trademark owner must have a "basic application" or "basic registration" in their home country, which serves as the basis for international registration. Once the basic application or registration is accepted, the trademark owner can file a single international application with WIPO to register their trademark in any of the member countries or regions. The application is then examined by each member country or region where the trademark is sought, and the trademark is either granted protection or refused following the relevant national or regional laws.

The Madrid System provides significant advantages to trademark owners, such as cost savings, simplification of the registration process, and centralized management of trademark portfolios. It also facilitates the international protection of trademarks and allows trademark owners to expand their business globally with ease.

The fees for trademark registration and related services in Turkey are subject to change and are updated periodically. As of 2023, the following are the official fees for trademark registration and renewal in Turkey:

Filing a trademark application for up to three classes: 1,455 Turkish Liras (approximately 170 US dollars).
Filing a trademark application for each additional class beyond three: 100 Turkish Liras (approximately 12 US dollars).
Examination fee for a trademark application: 820 Turkish Liras (approximately 96 US dollars).
The publication fee for a trademark application: 690 Turkish Liras (approximately 81 US dollars).
Registration fee for a trademark application: 1,275 Turkish Liras (approximately 150 US dollars).
The renewal fee for trademark registration for up to three classes: 1,150 Turkish Liras (approximately 135 US dollars).
The renewal fee for each additional class beyond three: 100 Turkish Liras (approximately 12 US dollars).

It is important to note that these fees are subject to change and may vary based on the specific services required or changes in the exchange rate. It is always recommended to consult with a qualified legal professional or trademark agent in Turkey to obtain the most up-to-date information on trademark fees and requirements.

Read more about Private Brand and How to Register It .

The Trademark Registration Process in Turkey

The trademark registration process in Turkey can be summarized in the following steps:

Conduct a trademark search: Before filing a trademark application, it is recommended to conduct a trademark search to ensure that the proposed trademark is available and does not conflict with existing trademarks in Turkey. This search can be conducted online through the Turkish Patent and Trademark Office (TURKPATENT) database or through a qualified legal professional.
Prepare and file a trademark application: Once a trademark search has been conducted and it is determined that the trademark is available, the trademark owner or their representative can prepare and file a trademark application with TURKPATENT. The application must include the applicant's details, a representation of the trademark, a list of goods and/or services covered by the trademark, and the appropriate fees.
Examination of the application: Once the application is filed, it will be examined by TURKPATENT to determine if the trademark meets the legal requirements for registration, such as distinctiveness and non-similarity to existing trademarks. If any issues are found, the trademark owner will be notified and given an opportunity to respond.
Publication of the application: If the trademark application is accepted, it will be published in the Official Trademark Bulletin for opposition purposes. Third parties will have a two-month period to file an opposition to the trademark registration.
Registration of the trademark: If no oppositions are filed, or if the oppositions are unsuccessful, the trademark will be registered, and a certificate of registration will be issued by TURKPATENT.

The trademark registration process in Turkey can take up to 12-18 months, depending on various factors such as the complexity of the trademark and the workload of TURKPATENT.

It is recommended to consult with a qualified legal professional or trademark agent in Turkey to ensure that the trademark application is prepared correctly and to navigate the registration process more efficiently.

There are many benefits of registering a trademark in Turkey, including:

Exclusive rights: Registration of a trademark gives the owner exclusive rights to use the trademark for the goods and services for which it is registered, and to prevent others from using an identical or similar trademark for similar goods and services.
Legal protection: Registered trademarks are protected by law, and the owner has the right to take legal action against any infringement of their trademark.
Competitive advantage: A registered trademark gives the owner a competitive advantage in the marketplace by establishing a unique brand identity and distinguishing their goods and services from those of competitors.
Brand recognition: A registered trademark helps build brand recognition and consumer trust, which can lead to increased sales and customer loyalty.
Licensing and franchising: A registered trademark can be licensed or franchised, providing the owner with additional revenue streams and expanding their business.
International protection: Registration of a trademark in Turkey can also provide a basis for international trademark protection through treaties such as the Madrid System.
Increased value: A registered trademark can increase the value of a business, as it is considered to be a valuable intangible asset and can be included in the company's balance sheet.

Overall, registering a trademark in Turkey is a wise investment for any business looking to protect its brand and reputation, and establish a unique identity in the marketplace.

It provides a legal basis for protecting the brand and reputation of the business, enhancing brand recognition, and providing a competitive edge in the marketplace.

When registering a trademark, it is important to avoid common mistakes that can cause delays, rejections, or even legal disputes. Here are some tips to help avoid common mistakes in trademark registration:

Conduct a comprehensive trademark search: Before filing a trademark application, conduct a comprehensive search to ensure that the proposed trademark is available and does not conflict with existing trademarks. A comprehensive search can help to identify any potential conflicts or potential infringement issues, which can be addressed before applying.
Register the trademark in the correct classes: It is important to ensure that the trademark is registered in the correct classes of goods and services to ensure proper protection. Misclassification of goods and services can result in trademark registration being rejected or not providing adequate protection.
Provide a clear and distinctive representation of the trademark: The trademark should be represented clearly and precisely in the trademark application to ensure that it is properly registered. Unclear or vague representations can cause delays or rejections in the registration process.
Avoid using descriptive or generic terms: Descriptive or generic terms are not considered distinctive and cannot be registered as trademarks. It is important to choose a unique and distinctive name or logo for the trademark.
Use the trademark properly: Proper use of the trademark is essential to maintaining its legal protection. Use the trademark consistently and appropriately in all marketing and promotional materials.
Monitor the trademark: Once the trademark is registered, monitor the market to ensure that no one is using a similar trademark that could cause confusion or infringe on your trademark rights.
Seek professional advice: Consulting with a qualified legal professional or trademark agent can help to avoid common mistakes and ensure that the trademark registration process is completed smoothly and efficiently.

You can contact us at Tebadul International Trade. We offer unique services for registering a trademark in Turkey. We have an experienced team that can help facilitate your business.

By following these tips, you can help to avoid common mistakes in trademark registration, protect your trademark, and avoid potential legal disputes in the future.

In general, the trademark registration process in Turkey can take up to 12-18 months.

Overall, it is recommended to consult with a qualified legal professional or trademark agent in Turkey to ensure that the trademark application is prepared correctly and to navigate the registration process more efficiently.

If you have experience in trademark law and the registration process, you may be able to handle the registration process on your own. However, if you are not familiar with the process, it is recommended to seek professional assistance from a qualified legal professional or trademark agent.

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Trademark Registration in Turkey

Registering a trademark in Turkey involves conducting a comprehensive trademark search, preparing and submitting the application, undergoing a formal examination, publication and opposition period, and ultimately obtaining the trademark certificate. The entire process typically takes around 12-18 months, depending on various factors. For further information and assistance, consult TURKPATENT's website ( https://www.turkpatent.gov.tr/ ) or consider seeking guidance from a local attorney or intellectual property specialist.

Conduct a Trademark Search

Before initiating the registration process, it is essential to conduct a thorough trademark search to ensure that your desired trademark is not already registered or infringing upon existing trademarks. The Turkish Patent and Trademark Office (TURKPATENT) provides an online database for conducting trademark searches, accessible at https://www.turkpatent.gov.tr/ . It is advisable to seek guidance from a local attorney or intellectual property specialist to assist with the search and evaluation.

Prepare and Submit the Application

Once you have confirmed the uniqueness of your trademark, you need to prepare and submit the trademark application. The application form can be obtained from the TURKPATENT's website ( https://www.turkpatent.gov.tr/ ) or by visiting their office. Your application should include:

Name and address of the applicant
A clear representation of the trademark
A list of goods and services for which the trademark will be used, classified according to the Nice Classification
Submit the completed application, along with the required fees, to TURKPATENT. The fee structure can be found on the TURKPATENT's website or by contacting their office.

Application Examination

Upon receipt of the trademark application, TURKPATENT will conduct a formal examination to ensure compliance with the necessary requirements. If any deficiencies are identified, you will be notified and given a deadline to address them. The examination process typically takes around 6-9 months.

Publication and Opposition Period

If your application successfully passes the examination stage, TURKPATENT will publish your trademark in the Official Trademark Bulletin. This publication initiates a two-month opposition period, during which third parties have the opportunity to file objections against your trademark application.

Registration and Issuance of the Trademark Certificate

If no opposition is filed during the opposition period or if opposition issues are resolved in your favor, TURKPATENT will proceed with the registration of your trademark and issue a trademark certificate. The registration process usually takes around 8-12 months from the date of application.

Renewal and Maintenance

Trademarks registered in Turkey are initially valid for ten years from the date of registration and can be renewed indefinitely for successive ten-year periods. Renewal applications must be filed within six months before the expiration date or during a grace period of six months following the expiration date. Additional fees apply for late renewals.

Related Information

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A Complete Guide for Businesses on Obtaining an Export License in Turkey

Applying for an Export License in Turkey

Protecting your intellectual property in turkey, mineral resources in turkey, the major exports in turkey, an analysis of the major imports in turkey: a comprehensive review of the top ten largest imports, the impact of covid-19 on the service sector in turkey, how to register a trademark in turkey, government policy on foreign investment in turkey, corporate taxation in turkey, business associations and their role in economic growth in turkey, employment practices and legislation in turkey.

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Assignment of trademarks and licensing of trademarks in Turkey

I. Introduction

Turkish law provides for both the assignment and license of trademarks. It is important to distinguish trademark related rights borne from assignment and licensing as this will determine the scope of rights that are exercisable.

II. General Information on Trademark Rights

a. Definition

Under Turkish law, trademarks are regulated and protected by the Decree-Law No. 556 Pertaining to the Protection of Trademarks (the “Decree”). Pursuant to the Decree, a trademark is defined as “all kinds of symbols that help to distinguish one undertaking’s goods and services from another undertaking’s goods and services The word “symbol” is interpreted broadly, and within this framework includes graphics, designs, names, words, letters, logos, numbers, shape of goods and their packaging, slogans, three dimensional shapes, melodies, odors and colors (when combined with shapes), and if they have the quality to distinguish the provider of goods/services from other providers.

The primary function of a trademark is distinguishing the source of a good/service from other providers of similar goods/services. Trademarks are intellectual property and proprietary rights can be infringed by anyone, and enforced against anyone. Trademarks are considered assets because of their proprietary nature and their ownership stands independent from the owner of the actual goods and services.

b. Trademark Protection

Trademark rights entitle the owner to prevent the use of the trademark without their permission. The protection covered by this right is gained upon registration. Turkish law grants two main protections in relation to trademarks, namely geographical area and time. In respect of protection as to geographical area, a trademark registered by the Turkish Patent Institute (TPI) grants protection only within the borders of Turkey. A trademark registered in Turkey does not provide any protection abroad. The scope of trademark protection may not be restricted within Turkey’s jurisdiction; in other words, trademark registration in Turkey grants countrywide and unlimited protection. In respect of protection as to time, trademarks registered by the TPI are protected for 10 years as of the application date. This period may be renewed for a further 10-year period at the conclusion of each protection period. Additionally, the trademark should be used within 5 years as of the registration date; otherwise such registration may be subject to cancellation.

III. Distinction between assignment of trademarks and licensing of trademarks

a. Assignment of Trademarks

According to Article 16/I of the Decree, a registered trademark may be transferred independently or together with a company in part of or in full, for the goods or services for which it is registered. The transfer of the trademark means that the owner transfers all of their absolute rights to the assignee.

In this respect, the agreement in terms of the trademark transfer must be written as a condition for validity. The registration of the trademark assignment to the Turkish Patent Institute’s Register does not have a constitutive effect. However, the registration of the assignment is highly important with regards to legal security. The assignment is registered for the purposes of enforceability. Upon the request of one of the parties, the assignment will be registered and published (Article 16/VI of the Decree). The TPI may refuse to register the assignment of the trademark if the nature of the transfer misleads the public concerning the nature, quality, or geographic origin of the goods and services (Article 16/IV of the Decree).

As mentioned above, it is possible for a registered trademark to be transferred in relation to part of the goods or services for which it is registered. For the partial assignment of trademarks to take place, they must be registered for one or more goods or services. With partial assignment, the assignor and assignee have rights to use the different goods or services under the same trademark. As a trademark is given single and indivisible rights within the country borders it is registered in, it is not possible to partially transfer a trademark limited to an area of a country, in relation to a single good or service.

In situations where the trademark is transferred in return for an amount of money, clauses regarding sales agreements in the Code of Obligations may be used when applicable. In the assignment of a trademark, regarding the written assignment agreement, all existing trademark rights are transferred to the assignee as is. With the transfer of the trademark, all rights surrounding the trademark are also transferred to the assignee. As the trademark rights are given to the assignee as is at the time of assignment, the assignee benefits from trademark protection as of the initial date the assignor registered the trademark and not as of the date the trademark is transferred to the assignee.

b. Licensing of Trademarks

According to Article 20 of the Decree, registered trademark rights may be licensed for some or all of the goods and services for which it is registered. In the license agreement the trademark owner is able to allow somebody else to use their rights in the most extensive and profitable way. As per Article 20 of the Decree, a license is, as a general rule, non-exclusive unless otherwise provided in the agreement. Trademark license agreements are contracts, which relate to assigning the usage of a trademark to somebody else and in return, as a general rule, receiving a price from the trademark right holder. From this aspect, the agreement terminates the monopoly tenure of the trademark owner. Also this agreement makes the result for the owner using the trademark with others or assigning it to a second person without his usufruct.

According to Article 21 of the Decree, licenses may be assigned in both non-exclusive and exclusive forms. License agreements sever, depending on the scope of the rights of the license holder and using the trademark by others or not, as exclusive or non-exclusive license agreements. According to Article 21/II of the Decree, if the qualification of the agreement is not implied, the license will be endorsed as a non-exclusive license.

In a non-exclusive license agreement, in terms of the usage of the trademark, whoever takes the license does not have the right to be a monopoly. The licensor can use the trademark rights alongside the licensee and also entitle third parties with this right. Thus a trademark can be employed by many companies.

An exclusive license agreement grants the right of monopoly, such that even the licensor cannot use the trademark unless otherwise provided in the agreement. The biggest difference between the non-exclusive and the exclusive licenses is in context of preserving the trademark. As a general rule (it can be indicated otherwise in an agreement) the exclusive licensee is authorized to press charges against infringements on the trademark in their behalf without receiving approval of the licensor (Article 62 of the Decree). On the contrary, as a general rule, non-exclusive license holders have no rights to take actions against the infringements of their trademark (Article 21/VI of the Decree).

By virtue of the fact that the trademark license agreement is a synallagmatic agreement, there are many rights and obligations on parties. As it is implied in Article 21/IX of the Decree, the licensor can claim rights from the trademark by taking legal action if the licensee violates the terms of the agreement. In a license agreement the main obligation on the licensor is to grant the usage of the trademark to the licensee. Not interfering with the usage of the trademark personally or through others, causing problems, saving the licensee from the claims asserted by third parties are ranked among these obligations. The licensor should avoid actions that can cause an invalidity of the trademark. The licensor has the right to take precautions to guarantee the quality of the goods or services for which it is registered. Additionally, the licensee has also some rights and liabilities. Due to the agreement (whether it is exclusive or not) in the case of infringements on the trademark, authorization of the licensee to press charges in his behalf, just like the legal actions of licensor, comes into question.

IV. Conclusion

Trademark licensing can be mutually valuable in many ways to both parties. A trademark license can provide an easier way for an entrepreneur as a licensee to obtain revenue without the need to increase costs by advertising a new trademark in order to freshly break into the market. Trademark license agreements are a solution to this problem. From the trademark right owner’s perspective, licensing the trademark will create an additional revenue stream and provide territorial expansion for his/her company. Thus, assignment of trademarks is not a viable option for an assignor merely seeking to transfer trademark rights. Assignment is an option usually when business transfers, mergers or acquisitions of companies are of question.

Filed under

ELIG Gürkaynak Attorneys-at-Law

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FAQs -Trademark Application and Registration in Turkey

How long does it take to register a trademark application straightforwardly.

A typical trademark application takes 6-8 months from filing till registration (2 months examination stage, 2 months publication stage, 2 months decision phase if no opposition is filed, 1-2 months registration and certification stage). In case of an opposition or ex-officio rejection, each may take 6-8 months plus the same for the appeals.

Which documents and information should be submitted to obtain filing date?

The followings should be submitted to obtain filing date.

Applicant’s identity details (name or title and address),
Sample of trademark (minimum size of 512x512 pixels and resolution of 300 DPI),
List of goods and services,
Payment of the official fee for the application.

If any of the above requirements are not met, the formalities officer issues and sends a deficiency letter requesting to complete the missing item within 2 months of the notification of the deficiency letter. The filing date will be amended to the date on which all obligatory information is complete, including the payment.

Is it possible to file trademark applications in more than one class (multi-class application)?

Yes, the applicants can file and claim goods and services in more than one class (multi-class trademark application).

There is no limitation for the classes to be claimed, i.e. the applicants can claim all the classes (45 classes) within the scope of the same trademark application. In that case, the applicants are required to pay official fee for each claimed class.

How are the official fees for filing trademark application calculated?

The official fees are calculated based on the number of the classes. The applicants should pay for each claimed class. The amount changes based on the number of classes covered by the application. The official fees for the first and second class are the same, and the official fees for the third class and each additional class are slightly higher than the official fees paid for the first and second class.

The number of items or headings claimed within each class or the type of the trademark application (color, device, word, 3-D etc.), or type of the entity, legal or natural, does not affect the amount of the filing fee.

Is there any advantage in registering a trademark conventionally (through national route) instead of international registration?

National registration does not prevail on international registration, namely the protection provided by an international registration is the same as the one provided by the national registration.However, Madrid designations have the following disadvantages compared to the local applications.

However, Madrid designations have the following disadvantages compared to the local applications:

The registration proceedings through Madrid designation takes up to 18 months, whereas it is possible to obtain Turkish trademark registration within 4-6 months (if no opposition is filed) in the case of local applications.
TURKPATENT does not notify the oppositions in the case of the Madrid designations, which make the applicants devoid of responding to the oppositions.
As TURKPATENT is not notifying the oppositions, the applicants can be deprived of filing non-use defense against the opposing trademarks, if they are registered for more than 5 years. (please see the page “ FAQs: Oppositions ”)

Is it obligatory to translate/transliterate a trademark into a Turkish language for the purposes of use and trademark registration?

Turkey is using Latin alphabets in the written language. Therefore, the trademarks of foreign origin expressed in the Latin alphabets are registered as they appear in the language of origin.

Turkish Trademark Law does not require the disclosure of the meaning of the trademark, therefore, no translation of the trademark into Turkish in foreign language, whether such trademark is written in Latin characters or not, is required.

Whereas, if a trademark is expressed in the alphabets other than that in Latin alphabets, e.g. in Cyrillic, Japanese or Chinese characters etc., the transliteration of the trademark into Latin characters are required by Turkish Patent and Trademark Office (TURKPATENT).

What is the definition of the trademark in the Turkish Industrial Property Code ?

Trademark is defined in Turkish Industrial Property Code as follows:

Trademarks may consist of any signs like words, including personal names, figures, colors, letters, numbers, sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner to determine the clear and precise subject matter of the protection afforded to its proprietor (Article 4 (1) IPC).

Is it possible to register non-traditional trademarks (3-D, odor, sound or motion) in Turkey?

Yes, it is possible to register non-traditional trademarks (3-D, odor, sound or motion) in Turkey according to Turkish Industrial Property Code . Whereas the Code makes it possible, the registration proceedings are extremely challenging.

It should be expected that the application be refused at the first place and the applicants should file an appeal against the refusal and prove that the applied-for non-traditional mark has acquired distinctiveness in the Turkish market.

Does Turkey accept the color marks?

Whereas color can be registered in Turkey per se in view of the definition of the trademark in the Law; in practice, it is extremely difficult to register a color as a trademark. Therefore, when filing a mark of a single color, it is most likely that the application would be refused and it would be necessary for the applicants to prove that the color has acquired distinctiveness in the market in respect of the goods or services for which registration is requested.

It is not possible to obtain protection for a color if the color is registered with a combination of words or figurative elements or images. In other words, for obtaining a registration, color should be claimed per se without any further components within the trade mark.

As the color is registered in Turkey, the relevant public in Turkey should be considered and the public should be able to distinguish that the color is originated from the applicant.

When filing a trademark application claiming “color” only, it should be expressly indicated in the application form and the color code ( pantone code ) should be provided.

Should I add description of a trademark when filing application?

No, it is not required to describe a trademark when filing.

What are the advantages and disadvantages to register a trademark in color or black & white in Turkey?

It makes sense especially in terms of thegenuine use of a trademark.

Turkey has accepted the Common Practice issued by the European Trade Mark and Design Network EUIPO with regards to black and white (B&W) or grayscale marks as compared with colored versions of the same mark.

The said practice especially brings clarification how the genuine use of a trademark is handled with the following evaluation criteria.

A change only in color does not alter the distinctive character of the trademark, as long as the following requirements are met:

word/figurative elements coincide and are the main distinctive elements,
the contrast of shades is respected
color or combination of colors does not possess distinctive character in itself, and
color is not one of the main contributors to the overall distinctiveness of the mark.

For establishing genuine use, the principles applicable to trade marks in B&W also apply to grayscale trademarks.

What is the publication term in Turkey?

The trademark applications are published for 2 months for the oppositions of the third parties in the Turkish Trademark Bulletin.

Should I appoint Turkish trademark agent for trademark proceedings in Turkey?

Anyone, natural or legal entity, who is resident in Turkey, can take any actions (filing, opposition, appeal etc.) before Turkish Patent and Trademark Office without having to appoint trademark agent.

Natural or legal entities who are not resident in Turkey should be represented by a Turkish trademark agent for all the proceedings before Turkish Patent and Trademark Office.

How is the priority claim handled under the Turkish Jurisdiction?

Priority may be claimed of one or more previous trade mark applications filed by the natural or legal entities, who are national or resident of the States party to the Paris Convention or WTO agreement or have established business in those States. The priority may be claimed during the 6 months following the first filing.

The priority claim (including the number, date and country of the previous application) should be filed together with Turkish trademark application and the specific fee for priority claim should be paid. The original priority certificate with its translation into Turkish approved by a sworn translator should be submitted within 3 months from the date of filing of the Turkish trademark application.

Which classification system is used by Turkish Patent and Trademark Office?

Nice Agreement Concerning the International Classification of Goods and Services is used for the classification of the goods and services of the trademark applications.

How do the applicants select and designate the goods and services when filing the trademark application with Turkish Patent and Trademark Office?

There are two different ways to designate the goods and services for the trademark applications. The applicants can designate the goods and services under the standard heading of each class specified by Turkish Patent and Trademark Office in accordance with the Nice Agreement. Please click here for the list of goods and services with standard headings in each class for trademark applications in Turkey.

The applicants can also specify their own list of goods and services without depending on the standard headings. In the case of the specific list of goods and services created by the applicants, the goods and services should be very specific and clear and not cover any general terms in respect of the claimed goods and services. Otherwise, it should be expected to receive office action asking the applicants to specify the goods and services by specific terms or remove any lack of clarity regarding the specific goods and services, which will substantively prolong the registration process. In the formation of the specific list of goods and services, it is advisable to use the TMclass tool or Madrid MSG tool.

In the practice, the applications of standard headings proceed to faster than the applications of specific list of goods and services.

Is there any specific requirement for retail services under Class 35?

Yes, it is not accepted to use broad terms in respect of the goods or the expressions such as “variety of goods” under Class 35. The goods should be specified. Take the following:

Inappropriate: The bringing together, for the benefit of others, a variety of goods enabling customers to conveniently view and purchase those goods (said services provided with retail, wholesale stores, electronic medias, catalogues and other similar methods).

Appropriate: The bringing together, for the benefit of others, of the goods “…” enabling customers to conveniently view and purchase those goods (said services provided with retail, wholesale stores, electronic medias, catalogues and other similar methods).

Is there any possibility to correct errors in the trademark applications?

Spelling errors and obvious errors can be corrected upon request. The corrections such as to change the trademark specie, the trademark or list of goods and services are not allowed.

Do Turkish Patent and Trademark Office perform ex-officio examination upon filing a trademark application?

Yes, Turkish Patent and Trademark Office perform ex-officio examination based on the absolute grounds.

The examination based on the absolute grounds also covers identicalness or similarity examination. If Turkish Patent and Trademark Office find earlier identical and confusingly similar trademark, it refuses the applied-for trademark.

In the practice, the similarity examination is loosely performed unless the trademarks in conflict are highly similar. In other words, the examiner in charge allows the applied-for trademark to be published if the similarity is highly contestable. The strict similarity examination is performed during the examination based on relative grounds if any opposition is filed by third parties.

Which signs are not allowed within the scope of the absolute grounds set out in Turkish Industrial Property Code (Law No. 6769)?

The following signs are not allowed for registration under the absolute grounds: a) Signs which may not be trademark according to Article 4 ; b) Signs which are devoid of any distinctive character; c) Signs which consist exclusively or includes as an essential element of signs or indications which serve in trade to designate the kind, type, characteristics, quality, quantity, intended purpose, value, geographical origin, or the time of production of goods or of rendering of the services or other characteristics of goods or services, ç) Signs which are identical to or indistinguishably similar to a trademark, which has been registered or which has been applied for registration, relating to identical goods and services or to goods and services of the identical type, d) Signs which consist exclusively or includes as an essential element of signs or indications used by everyone in the trade area or which serves to distinguish members of a particular professional, vocational or commercial group from others. e) Signs which consist exclusively of the shape or another characteristic which results from the nature of the goods themselves or the shape or other characteristics which is mandatory to obtain a technical result or gives substantial value to the goods; f) Signs which would deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service; g) Signs which shall be refused pursuant to Article 6ter of the Paris Convention ; ğ) Signs other than those covered by Article 6ter of the Paris Convention but which are of public interest, and which contain historical, cultural values, and emblems, badges or escutcheons for which the consent of the competent authority has not been given, h) Signs that contain religious values or symbols; ı) Signs which are contrary to public policy or to accepted principles of morality; i) Signs which consist of a registered geographical sign or which contain a registered geographical sign.

Are there any exceptions in respect of possible refusals under the absolute grounds?

Yes, if a trademark has been used before the application, and through this use, has acquired distinctive character in respect of the goods and services subject to the application, the registration of this trademark may not be refused in accordance with subparagraphs (b), (c) and (d) of the first paragraph of the clause regarding the absolute grounds in Turkish Industrial Property Code (see absolute grounds).

Is it possible to overcome a refusal under the absolute grounds due to earlier identical or confusingly similar trademark/s by filing Letter of Consent?

Yes, it is possible to overcome the said refusal by filing a letter of consent granted by the holder of the earlier trademark or trademarks.

Is there any specific procedure to submit the Letter of Consent?

Yes, the consent should be provided by a special form issued by Turkish Patent and Trademark Office. The form should be notarized (legalized by apostil in the case of the non-residents in Turkey).

The consent should be provided without any conditions or reservations. The form should be filed together with the application. If the form is not submitted with the application and the application is refused due to earlier identical or confusingly similar trademark, the applicant can file an appeal against the decision and file consent form with the appeal to overcome the refusal.

Letter of Consent should be submitted for each trademark application separately.

Is there any appeal proceedings if a trademark application is refused based on absolute grounds by Turkish Patent and Trademark Office?

Yes, if the trademark application is refused ex-officio based on the absolute grounds, the applicant can file appeal with all the arguments and evidences within 2 months (non-extendable) from the notification of the decision of refusal. The fee for appeal should be paid within the same time limit. After filing appeal, no further arguments or evidences are allowed to file.

What is the requirement for registering the trademark application if the application successfully passes all the stages (formal and substantive examinations, opposition proceedings, publication stages etc.)?

The registration fee should be paid within 2 months from the decision for registration.

The registration certificate should be expected within approx. 2 months from the payment of the registration fee. The certificate is issued electronically only and no printed copy is provided.

What is the protection term for a trademark registration in Turkey?

The term of protection for registered trademark is ten years from the date of application. This term may be renewed for periods of ten years (see FAQs on the renewals ).

Is it required to submit Declaration of Use or Excusable Non-Use, or similar document after a certain time period to keep a registered trademark alive?

No, there is no requirement to file Declaration of Use or Excusable Non-Use, or similar document to prove the use or excuse the non-use of a registered trademark and keep it alive (see the non-use effects under Trademark Oppositions in Turkey and Trademark Cancellation Actions in Turkey )

Do you have further questions about application and registration for trademarks in Turkey? Please contact us . We will answer your questions as soon as possible.

Assignment Of Trademarks And Licensing Of Trademarks In Turkey

Contributor.

I. Introduction

II. General Information on Trademark Rights

a. Definition

Under Turkish law, trademarks are regulated and protected by the Decree-Law No. 556 Pertaining to the Protection of Trademarks (the "Decree"). Pursuant to the Decree, a trademark is defined as "all kinds of symbols that help to distinguish one undertaking's goods and services from another undertaking's goods and services The word "symbol" is interpreted broadly, and within this framework includes graphics, designs, names, words, letters, logos, numbers, shape of goods and their packaging, slogans, three dimensional shapes, melodies, odors and colors (when combined with shapes), and if they have the quality to distinguish the provider of goods/services from other providers.

b. Trademark Protection

Trademark rights entitle the owner to prevent the use of the trademark without their permission. The protection covered by this right is gained upon registration.

Turkish law grants two main protections in relation to trademarks, namely geographical area and time. In respect of protection as to geographical area, a trademark registered by the Turkish Patent Institute (TPI) grants protection only within the borders of Turkey. A trademark registered in Turkey does not provide any protection abroad. The scope of trademark protection may not be restricted within Turkey's jurisdiction; in other words, trademark registration in Turkey grants countrywide and unlimited protection. In respect of protection as to time, trademarks registered by the TPI are protected for 10 years as of the application date. This period may be renewed for a further 10-year period at the conclusion of each protection period. Additionally, the trademark should be used within 5 years as of the registration date; otherwise such registration may be subject to cancellation.

III. Distinction between assignment of trademarks and licensing of trademarks

a. Assignment of Trademarks

In this respect, the agreement in terms of the trademark transfer must be written as a condition for validity. The registration of the trademark assignment to the Turkish Patent Institute's Register does not have a constitutive effect. However, the registration of the assignment is highly important with regards to legal security. The assignment is registered for the purposes of enforceability. Upon the request of one of the parties, the assignment will be registered and published (Article 16/VI of the Decree). The TPI may refuse to register the assignment of the trademark if the nature of the transfer misleads the public concerning the nature, quality, or geographic origin of the goods and services (Article 16/IV of the Decree).

b. Licensing of Trademarks

The licensor should avoid actions that can cause an invalidity of the trademark. The licensor has the right to take precautions to guarantee the quality of the goods or services for which it is registered. Additionally, the licensee has also some rights and liabilities. Due to the agreement (whether it is exclusive or not) in the case of infringements on the trademark, authorization of the licensee to press charges in his behalf, just like the legal actions of licensor, comes into question.

IV. Conclusion

Trademark licensing can be mutually valuable in many ways to both parties. A trademark license can provide an easier way for an entrepreneur as a licensee to obtain revenue without the need to increase costs by advertising a new trademark in order to freshly break into the market. Trademark license agreements are a solution to this problem. From the trademark right owner's perspective, licensing the trademark will create an additional revenue stream and provide territorial expansion for his/her company. Thus, assignment of trademarks is not a viable option for an assignor merely seeking to transfer trademark rights. Assignment is an option usually when business transfers, mergers or acquisitions of companies are of question.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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World Trademark Review Yearbook 2022/2023

Turkey: Trademark procedures and strategies

21 October 2022

This is an Insight article, written by a selected partner as part of WTR's co-published content. Read more on Insight

Legal framework

At the national level, trademarks are governed by Industrial Property Code No. 6769 (the IP Code), which entered into force on 10 January 2017.

Turkey is a signatory to several key treaties and conventions including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Madrid Protocol. As a member of WIPO since 1976, Turkey follows the Nice Classification system. Turkey is also a party to the Vienna Convention, the Convention Establishing the World Trade Organization and the Trademark Law Treaty.

Unregistered marks

Unregistered trademarks can be protected in accordance with the provisions of Articles 6/3 and 6/4 of the IP Code as well as the provisions on unfair competition in Turkish Commercial Code No. 6102.

Article 6/3 of the IP Code regulates relative grounds for rejection of a trademark application upon opposition from a trademark owner based on an unregistered trademark or another sign used in the course of trade before the application or priority date. This provision can also be invoked as grounds to invalidate a registration.

In terms of enforcement, unregistered trademarks may be enforced within the context of unfair competition.

In establishing unregistered rights, evidence that proves continuous and extensive use of an unregistered trademark within the territory of Turkey is needed together with evidence indicating that the unregistered trademark acquired some level of distinctiveness or recognition, or both, in the relevant industry.

Registered marks

According to Article 3 of the IP Code, the following can apply for and own a trademark before the Turkish Patent and Trademark Office (TÜRKPATENT):

citizens of Turkey;
natural or legal entities domiciled or engaged in industrial or commercial activities within Turkish borders;
persons who have the right of application according to the provisions of the Paris Convention or the WTO; and
persons who are the citizens of the states that provide protection of industrial property rights to the citizens of Turkey, according to the principle of reciprocity.

Natural or legal entities domiciled abroad must be represented by a chartered trademark agent to file a trademark application before TÜRKPATENT.

A power of attorney (POA) is not required to be submitted to TÜRKPATENT during the filing of a trademark application. However, a trademark agent should hold a POA in the name of their clients, and TÜRKPATENT has the discretion to request the submission of the original or a certified copy of the POA.

Registrable and non-registrable signs

According to Article 4 of the IP Code:

Trademarks may consist of any signs like words, including personal names, devices, colours, letters, numbers, sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner to determine the clear and precise subject matter of the protection afforded to its owner.

According to Article 5 of the IP Code, some marks cannot be registered as trademarks. This includes marks that:

do not comply with the terms of Article 4;
are non-distinctive;
are descriptive;
are identical or indistinguishably similar to a prior-dated trademark application or registration covering identical – or the same kind of – goods or services;
are commonly used in trade, or used to distinguish members of a particular occupational, art or trade group;
consist exclusively of the shape or another characteristic resulting from the nature of the goods themselves, or the shape or another characteristic of goods that is necessary to obtain a technical result or gives substantial value to the goods;
are deceptive;
are to be refused pursuant to Article 6 ter (2) of the Paris Convention;
are of public interest in terms of historical and cultural values, and include badges, emblems or escutcheons unless approved by the competent authority;
contain religious values or symbols;
are contrary to public policy or accepted principles of morality; and
consist of or contain registered geographic indications.

A trademark that is found to be non-distinctive, descriptive and commonly used in trade may still be registered if the trademark was used before the application date and acquired distinctiveness for the claimed goods or services. Acquired distinctiveness of a trademark is examined by TÜRKPATENT only in cases of appeals filed by a trademark applicant against a decision of rejection on absolute grounds.

A trademark that is found to be indistinguishably similar to an earlier trademark may still be registered if the owner of the earlier mark provides a letter of consent (LOC). If the LOC is signed in a foreign country, it must be notarised and legalised. A LOC may be submitted either simultaneously with the filing of a trademark application or along with a response to a possible decision of rejection.

Ex-officio examination

Once a trademark application is filed – either directly with TÜRKPATENT or via WIPO under the Madrid Protocol – the application undergoes an examination on formal and absolute grounds.

TÜRKPATENT initially examines the application formally to check the accuracy and completeness of the information, documents and classification, and the official fees required for filing.

If no inaccuracy or deficiency is detected, TÜRKPATENT goes ahead with the examination on absolute grounds in accordance with Article 5 of the IP Code.

In the case of any office actions issued against the application, the applicant may respond or appeal within a non-extendable period of two months.

If the trademark application passes its examination on formal and absolute grounds, or if an applicant overturns a decision of rejection through an appeal, the application is published in the Official Trademarks Bulletin for an opposition period of two months.

In the case of a decision of partial acceptance, the application is published for the goods or services that are not subject to rejection. If the applicant manages to overturn the decision of partial rejection, the application is republished in the Official Trademarks Bulletin for another period of two months for the goods or services, upon which the decision of partial rejection is withdrawn.

The timeframe from the date of filing of a national application to registration is approximately eight to 10 months when there are no office actions or oppositions. The timeframe may be longer for international applications filed through WIPO.

Interested third parties may oppose an application on absolute or relative grounds within two months of the publication date of the application.

During the examination of the opposition, TÜRKPATENT requests the applicant’s response, which must be filed within one month. If the applicant does not file a response, TÜRKPATENT still examines the opposition on the merits and issues a decision.

If the trademark, which is the ground for opposition, has been registered for at least five years as at the filing (or priority) date of the opposed application, TÜRKPATENT asks the opponent to submit evidence of genuine use of their trademark during the five-year period before the filing (or priority) date of opposed application upon the request of the applicant.

If the opponent fails to prove use or submits a justified reason for lack of use, and in the absence of other grounds that may result in acceptance of the opposition, the opposition is rejected. If it is proven that the trademark, which is the ground for opposition, has been used only for some of the goods or services covered by registration, then the opposition is examined considering those goods or services.

TÜRKPATENT may reject the application partially or entirely if it determines that the opposition has been justified.

Any party unsatisfied with the decision may file an administrative appeal within two months.

The Board of Re-examination and Re-evaluation (the Board) reviews the appeal and grants the parties a period of one month to submit their counterviews. In the absence of counterviews, the examination is conducted considering the existing documents and information.

Any party unsatisfied with the decision of the Board may file a civil lawsuit before the IP Court of Ankara within two months. The plaintiff must name TÜRKPATENT and the other party or parties to the opposition or appeal as co-defendants.

An opposition is usually decided within three to six months of filing, whereas an appeal filed before the Board is usually decided within four to eight months of filing.

Registration

If a trademark application faces no opposition or an opposition results in favour of the applicant, TÜRKPATENT sends the applicant or their trademark agent a notice of acceptance for payment of the official fees for registration.

If payment is made within two months, the application proceeds to registration and TÜRKPATENT sends the applicant or their trademark agent a trademark registration certificate.

Maintenance

A trademark is registered for a protection period of 10 years as of the application date.

A registration may be renewed for further periods of 10 years. A renewal application can be filed up to six months prior to the expiration of the 10-year period or with payment of a fine within the grace period (i.e., within six months of the expiration of the 10-year period).

A declaration concerning use or intention of use of a trademark is not required by the IP Code either for registration or renewal.

Invalidation and cancellation actions

Trademark registrations may be subject to invalidation claims based on absolute and relative grounds for rejection under Articles 5 and 6 of the IP Code.

According to Article 9, a trademark owner is required to use its registered trademark. If a trademark has not been put to genuine use within a period of five years of the registration date by the trademark owner or if such use has been suspended during an uninterrupted period of five years, a trademark can be cancelled due to non-use unless there are justifiable reasons for non-use.

Non-use cancellation actions are currently being heard by IP civil courts, but TÜRKPATENT will be the authority to examine cancellation requests for non-use after 10 January 2024.

Other causes for cancellation of a trademark are if:

a trademark has become generic for the goods or services for which it is registered;
a trademark misleads the public regarding the nature, quality or geographic origin of the goods or services for which it is registered as a result of the use by the trademark owner itself or with the trademark owner’s consent; and
the continuous use of the collective mark or the guarantee mark is contrary to the technical specification and is not corrected within the prescribed period as regulated by Article 32 of the IP Code.

Merger and change of name

Structural changes in trading companies, such as mergers or changes of names, can be recorded against the trademark applications or registrations of the subject companies, or both, before TÜRKPATENT.

The recordal of change of name takes up to one month as of the filing of the application with complete documents, whereas the recordal process takes up to two months for a recordal of merger.

Official clearance searches

Official TÜRKPATENT searches are available for device marks or logos and word marks – including slogans – in addition to non-traditional marks.

These searches are carried out by TÜRKSMD, an affiliate of TÜRKPATENT. They reveal identical and similar marks in either all classes or selected classes as requested.

Enforcement

According to Article 29 of the IP Code, unauthorised use of a sign that is identical or similar to a registered trademark for identical or similar goods or services and is, therefore, liable to create a likelihood of confusion including association on the part of the public constitutes trademark infringement. Use of a sign – without due cause – that is identical with or similar to and would take unfair advantage of or damage the distinctive character or repute of a registered trademark due to its reputation in Turkey – irrespective of whether the goods or services are identical, similar or different – is also considered to be trademark infringement.

Second, the IP Code prohibits the use of an infringing trademark by a third party that is aware or should be aware that the trademark is counterfeited. The sale, distribution, putting on the market, possession for commercial purpose, importation and exportation of the products carrying that infringing trademark or offering to make a contract related to the infringing product is also prohibited by law.

Finally, the unauthorised broadening of the transfer of the rights given by the trademark owner through licensing to third parties also constitutes infringement.

On the other hand, the provisions of Turkish Commercial Code No. 6102 regarding the exercise of unfair competition prohibits:

activities that cause confusion with the products, business or activities of another;
use of any sign that is confusingly similar to a third party’s product, trade or company name, or trademark; and
the sale or the possession, or both, of goods likely to cause confusion for commercial purposes.

A trademark owner can file a lawsuit before an IP court against an infringer for trademark infringement or unfair competition, or both. A trademark owner can also file a penal complaint or civil action against the infringer.

Civil actions

The remedies based on trademark infringement and unfair competition in civil actions include:

preliminary and permanent injunctions for prevention of use;
seizure of infringing goods;
removal of infringing trademark from infringing goods and, if necessary, destruction thereof;
removal of infringing use from the internet;
publication of the court decision in a newspaper; and
material or moral damages, or both.

There is no minimum or maximum amount set by the law for either material or moral damages that can be claimed in a civil action. Material damages would be calculated by court experts and moral damages would be decided by the judge according to the specifications of the case. Material damages are actual damages caused by infringement as well as loss of profits.

An obligatory mediation process is required to claim damages in an infringement action.

Criminal actions

Trademark infringement is a criminal offence under the IP Code. A complaint can be filed before the relevant public prosecutor by the registered trademark owner and, through an indictment from the public prosecutor, the Criminal Courts of Peace may issue a search and seizure order that would result in a police raid. If infringement is confirmed through search and seizure proceedings, a penal suit may be introduced by the relevant public prosecutor before the criminal court. Quick destruction is possible at the request of a public prosecutor if the goods are at risk of damage, if there is a risk of fundamental decrease in value or if the storage will cause high expenses, provided that the court’s expert examination confirms that the goods are counterfeit.

Before a penal action is initiated, the parties are invited to a compulsory conciliation process. An infringer may be sentenced to a judicial fine or imprisonment, or both, at the end of the criminal proceedings. The term of imprisonment depends on the committed action and the maximum term is four years. Seized goods may be destroyed at the end of a penal action, but the complainant will not be granted damages.

Interim relief

It is possible to obtain a preliminary injunction order from a civil court as a method of interim relief, which includes stopping the sale, manufacturing and distribution of counterfeit goods both before and after filing a lawsuit or during one. However, it is mandatory to file the main action as to the merits within two weeks of the request for the preliminary injunction. Otherwise, the preliminary injunction will ex officio be deemed to have been revoked.

For a preliminary injunction order to be enforced, the payment of an indemnity may be required.

Non-use as a defence

In an invalidation action based on a trademark registration that has been registered for at least five years, defendants may raise a non-use defence requesting the plaintiff to prove genuine use of the earlier trademark registration in the prior five years in Turkey.

In the case of an infringement action, if the plaintiff’s trademark that is the basis of an infringement action has been registered for at least five years as at the filing date of the action, the defendant may raise a non-use defence and request the plaintiff to prove genuine use of its registered trademark in Turkey at the filing date of the action.

Time limits

An invalidation action can be filed within five years of the registration date of the disputed trademark. If a bad-faith claim is raised, no time limit is applied.

In terms of infringement, there are two time limits. First is the statute of limitations, which is two years as of becoming aware of a specific infringing act. In any case, such a civil action must be filed within 10 years of the date on which the infringing act occurred. If an action is also defined as a crime, the time limit applicable for that crime would be applied. If the infringement is ongoing, no time limit is applied.

The second time limit is loss of rights through remaining silent against continuing use. Although it is evaluated case by case, the average time applied by Turkish courts is five years in practice.

Specialised IP courts are available in Turkey. As at 2022, there are eight IP civil courts and six IP criminal courts in Istanbul; five IP civil courts and one IP criminal court in Ankara; and one IP civil court and one IP criminal court in İzmir.

Ownership changes and right transfers

An industrial property right may be transferred, inherited, subject to licensing, pledged, shown as collateral, seized or made the subject of other legal transactions.

It is possible for an assignment to be affected either for all or some of the goods or services covered by a trademark application or registration.

A trademark may also be subject to licensing for all or some of the covered goods or services. A licence may be granted as exclusive or non-exclusive. Unless otherwise specified in the agreement, the licence shall be non-exclusive.

For recordal of assignment and licence before TÜRKPATENT, an assignment deed and licence agreement executed between the parties should be submitted. Each of the signatures on the assignment deed must be separately notarised for recordal of assignment, whereas no notarisation is required for recordal of licence. If the assignment deed or licence agreement is in a foreign language, a Turkish translation certified by a sworn translator is required.

It is not mandatory to record a trademark licence or assignment in Turkey. However, rights arising from these legal transactions cannot be asserted against bona fide third parties unless they are recorded before TÜRKPATENT.

In accordance with Article 9/3 of the IP Code, use of a trademark with the consent of its owner is considered to be genuine use. Accordingly, use of a trademark by a licensee inures to the benefit of the owner.

Related rights

There are regulations in Turkey enabling the overlap of IP rights. The IP Code regulates, in Article 58/3, that a design protected under the IP Code is also protected under the Law of Literary and Artistic Works if it meets the conditions in that law.

According to Article 6/6 of the IP Code, a trademark application shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another. In this regard, there are precedents that the IP courts and TÜRKPATENT invalidate or reject trademark applications that include copyrighted works, such as book names, movie names, comics or cartoon characters, TV series, or logos.

Additionally, if a work of intellectual property meets the requirements for both copyright protection under the Law of Literary and Artistic Works and protection as a trademark or design under the IP Code, it benefits from cumulative protection.

In addition to the above, a product design may be protected by copyright law as a two- or three-dimensional mark, trade dress, design, unregistered design or work of applied art. Regardless of whether it is covered by copyright laws, a creative work can be registered as a trademark. Moreover, under trademark and unfair competition law, a geographical indication may be registered as such or may be protected as a collective or certification mark.

Online issues

The IP Code grants a trademark registration owner with the right to prevent use of a sign, which is identical or similar to a registered trademark as a domain name, router code, keyword or metatag, among other things, in such a manner that would create a commercial impression on the internet, provided that the user of the sign has no right or legal affiliation for the use. The law does not provide an exhaustive list of infringing use on the internet or on social media but provides examples.

Nic.tr, an authority affiliated with the Middle East Technical University (METU), used to manage .tr ccTLDs. Following amendments made to the legislation and regulations, METU transferred the management thereof to the Institute of Information Technologies and Communication. A new platform introduced by METU, called TRABIS, became fully operational on 14 September 2022 and started to provide uninterrupted service as an accredited registrar of the Institute of Information Technologies and Communication.

Much like the UDRP, .tr ccTLDs might be the subject of a dispute before the registrar in the new system.It is also possible to file an action for cancellation of a domain name before civil courts based on trademark infringement. A court may also rule for prevention of access to a website or removal of infringing content.

Examination/registration
Representative requires a power of attorney when filing? Legalised/notarised?	Examination for relative grounds for refusal based on earlier rights?	Registrable unconventional marks
No: however, TÜRKPATENT may request submission of the original or a certified copy of a power of attorney.	Yes	Yes: 3D shapes; colours; sounds; motions; multimedia marks; positions; and patterns.

Unregistered rights		Opposition
Protection for unregistered rights?	Specific/increased protection for well-known marks?	Opposition procedure available? Term from publication?
Yes	Yes	Yes: two months from the publication of the application.

Removal from register
Can a registration be removed for non-use? Term and start date?	Are proceedings available to remove a mark that has become generic?	Are proceedings available to remove a mark that was incorrectly registered?
Yes: cancellation after either a five-year term, which starts from the registration date, or any uninterrupted period of five years..	Yes	Yes

Enforcement
Specialist IP/trademark court?	Punitive damages available?	Interim injunctions available? Time limit?
Yes	Yes	Yes: there is two-week time limit following the request for enforcement of the injunction order to file the main action.

Ownership changes	Online issues
Is registration mandatory for assignment/licensing documents?	National anti-cybersquatting provisions?	National alternative dispute resolution policy (DRP) for local ccTLD available?
No	Yes	Yes

Müge Kurtbeyoğlu Uzgör

Director of litigation

Stock Intellectual Property Services AS

Merve Macit

Co-director of the trademarks department

İpek Yıldız Esiner

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The Role of Trademark Registration in Mergers and Acquisitions

In the context of mergers and acquisitions, trademark registration plays a critical role in ensuring the successful transfer of intellectual property assets, mitigating potential risks, and releasing the full value of the acquired brand portfolio. The trademark due diligence process involves evaluating the target company's intellectual property portfolio, identifying potential liabilities, and evaluating the target company's brand strength, reputation, and market positioning. Proper trademark registration and assignment are vital in transferring ownership and maintaining the validity and enforceability of the assigned trademarks. A thorough understanding of trademark registration's role in M&A transactions is vital to navigate the complexities of integrating trademark portfolios and realizing the desired brand structure, as a nuanced approach can reveal hidden value and opportunities for growth.

Table of Contents

Trademark Due Diligence Process

During the M&A process, a key step in evaluating the target company's intellectual property portfolio is the trademark due diligence process. This process involves an exhaustive trademark investigation to identify potential risks and opportunities associated with the target company's brand assets. A thorough brand examination is vital to uncover any potential issues that could impact the deal's valuation or post-acquisition integration.

Through the trademark due diligence process, acquirers can identify potential liabilities, such as trademark infringement claims, invalidity challenges, or pending oppositions. This process also enables acquirers to assess the target company's brand strength, reputation, and market positioning. In addition, it provides an opportunity to evaluate the target company's trademark registration portfolio, including the scope of protection, jurisdictional coverage, and registration status.

Identifying Trademark Assets

The target company's trademark assets are a vital component of its intellectual property portfolio, and identifying these assets is a crucial step in the trademark due diligence process. This involves conducting an exhaustive review of the company's brand inventory to identify all trademarks , service marks, trade names, and trade dress used in connection with its business. Trademark categorization is a useful tool in this process, as it enables the categorization of marks into distinct groups, such as product marks, service marks, and collective marks.

A thorough brand inventory should include a detailed list of all trademark assets, including registered and unregistered marks, as well as applications and intent-to-use applications. This inventory should also capture relevant information about each mark, such as the jurisdiction in which it is registered, the goods and services with which it is used, and the date of first use. By identifying and cataloging these trademark assets, acquirers can gain a thorough understanding of the target company's intellectual property portfolio and make informed decisions about the transaction.

Evaluating Trademark Value

Having cataloged the target company's trademark assets, the next step is to assess their value, a vital component of the trademark due diligence process. Trademark valuation involves estimating the economic value of a trademark or a portfolio of trademarks. This process is pivotal in mergers and acquisitions as it helps buyers and sellers determine the value of the target company's intangible assets.


Income Approach	Estimates the present value of future economic benefits	Accurately reflects market conditions
Market Approach	Compares the target trademark to similar trademarks	Provides a benchmark for negotiation
Cost Approach	Calculates the cost of recreating the trademark	Useful for unique or bespoke trademarks

Brand assessment is a vital aspect of trademark valuation. It involves evaluating the strength and reputation of the target company's brand, including its market recognition, customer loyalty, and competitive advantage. A thorough brand assessment helps to identify potential risks and opportunities, enabling buyers and sellers to make informed decisions during the M&A process.

Risks of Unregistered Trademarks

What are the potential consequences of acquiring unregistered trademarks in a merger or acquisition? The risks associated with unregistered trademarks can have significant implications for the acquiring company.

Without registration, trademarks may not be fully protected, leaving the brand vulnerable to infringement and unauthorized use. This can lead to a loss of brand identity, revenue, and customer loyalty.

Some of the key trademark pitfalls to ponder include:

Inability to claim exclusive rights to the mark, making it difficult to prevent competitors from using similar marks
Limited legal recourse for infringement, making it challenging to take action against unauthorized users
Potential loss of brand reputation and customer trust due to uncontrolled use of the mark

These brand vulnerabilities can have long-term consequences for the acquiring company, making it crucial to carefully evaluate the trademark portfolio during the due diligence process.

Assigning Trademark Ownership

When assigning trademark ownership in the context of mergers and acquisitions, a thorough due diligence process is crucial to identify and document all relevant trademarks, including registered and unregistered marks. This process involves an exhaustive review of the target company's intellectual property portfolio to verify that all trademarks are properly transferred to the acquiring entity. A change of ownership must be properly recorded with the relevant trademark offices to maintain the validity and enforceability of the assigned trademarks.

Due Diligence Process

During the merger and acquisition process, a thorough examination of the target company's intellectual property portfolio is crucial to guarantee a seamless transfer of ownership. This due diligence process involves an exhaustive review of the target company's trademarks, including their status, validity, and potential risks. A thorough trademark search is imperative to identify any potential deal breakers, such as conflicting marks or unregistered trademarks.

Potential issues with trademark validity or enforceability may impact the value of the target company's brand portfolio.
Unregistered trademarks or common law marks may not provide adequate protection, potentially leading to costly litigation .
Inconsistencies in trademark usage or branding across different jurisdictions may require significant rebranding efforts, adding complexity and expense to the transaction.

Change of Ownership

Assigning trademark ownership is a critical step in the merger and acquisition process, as it certifies the acquiring entity obtains full rights to the target company's valuable brand assets. This involves transferring ownership of registered trademarks, which is vital to maintain the integrity and value of the brand.

During the change of ownership process, the new owners must verify that all trademark registrations are updated to reflect the new ownership structure. This requires filing assignments with the relevant trademark offices, which can be a complex and time-consuming process, especially when dealing with international trademark portfolios. Failure to update trademark registrations can lead to issues with enforceability, licensing, and even loss of rights.

To avoid these risks, it is crucial to have an exhaustive understanding of the target company's trademark portfolio and to prioritize the assignment of trademark ownership. This involves identifying all registered trademarks, determining the ownership structure, and preparing the necessary documents to effect the transfer of ownership. By doing so, new owners can secure a smooth handover and maintain the value of the acquired brand assets.

Transferring Trademark Rights

In the context of mergers and acquisitions, transferring trademark rights involves a series of critical steps to guarantee the continuity of trademark protection. This process begins with assigning trademark ownership, which requires a thorough understanding of the trademark portfolio and the parties involved. Subsequent steps include recording trademark transfers with the relevant authorities and updating trademark records to reflect the change in ownership.

As a critical component of mergers and acquisitions, assigning trademark ownership involves the transfer of rights from one entity to another, thereby ensuring the continuity of brand recognition and reputation. This process is essential in maintaining the value and goodwill associated with a trademark, as it allows the acquiring entity to seamlessly take over the management and exploitation of the mark.

Trademark assignment is a pivotal aspect of brand succession, as it enables the buyer to assume control over the trademark, including its registration, licensing, and enforcement. This transfer of rights can be achieved through a trademark assignment agreement, which outlines the terms and conditions of the transfer.

The agreement should clearly identify the trademarks being assigned, including their registration numbers and jurisdictions.
It should specify the assignor's warranties and representations regarding the trademarks, such as their validity and enforceability.
The agreement should also outline the assignee's obligations and responsibilities in maintaining the trademarks, including their ongoing registration and protection.

Recording Trademark Transfers

Following the assignment of trademark ownership, the next step involves formally recording the transfer of trademark rights with the relevant trademark offices. This pivotal step guarantees that the trademark registry is updated to reflect the change in ownership, providing public notice of the new owner's rights. To accomplish this, the parties must prepare and submit the necessary trademark documentation, including assignment agreements, powers of attorney, and other required documents. It is imperative to meet the recording deadlines set by the trademark offices to avoid delays or even loss of trademark rights. Failure to record the transfer in a timely manner can lead to issues with trademark validity, enforcement, and potential disputes. Consequently, it is critical to carefully manage the recording process, verifying that all necessary documents are properly executed, notarized, and filed with the relevant authorities within the prescribed timeframes. By doing so, the new owner can guarantee a seamless transfer of trademark rights, maintaining the integrity and value of the acquired assets.

Updating Trademark Records

Concurrently with recording the transfer of trademark rights, it is crucial to update the trademark records to reflect the new ownership. This confirms that the trademark registration accurately reflects the current ownership and avoids any potential issues with trademark maintenance.

Updating trademark records involves submitting the necessary documentation to the relevant trademark office, which may include proof of ownership and other required information. This process helps to maintain the integrity of the trademark registration and prevents unauthorized use or exploitation.

Some key aspects to ponder when updating trademark records include:

Verifying the accuracy of the updated records to guarantee consistency across all registered marks
Certifying that all necessary parties are notified of the change in ownership, including licensees and authorized users
Confirming that the updated records are properly reflected in the trademark office's database to maintain the registration's legitimacy

The assignment of trademark ownership necessitates meticulous record-keeping to reflect the change in ownership accurately. This involves updating trademark records to guarantee that the intellectual property rights are properly transferred and reflected in the relevant registers. Failure to do so can lead to confusion, disputes, and even loss of trademark protection.

Updating trademark records is a critical aspect of trademark maintenance, as it verifies that the trademark owner's information is accurate and up-to-date. This includes updating the trademark register to reflect the new owner's name, address, and contact information. Record updates must be done in accordance with the applicable laws and regulations, and must be properly documented to avoid any potential disputes.

Accurate record-keeping is vital to maintain the validity and enforceability of trademark rights. It also facilitates the identification of the rightful owner, enabling effective communication and dispute resolution. By prioritizing trademark record updates, businesses can guarantee a seamless transfer of ownership and protect their valuable intellectual property assets.

Managing Trademark Portfolios

Mergers and acquisitions often involve the consolidation of trademark portfolios, necessitating a meticulous approach to manage and integrate the acquired marks. Effective trademark management is critical to unshackling the full value of the acquired assets and mitigating potential risks. A thorough trademark portfolio optimization strategy is vital to streamline the combined portfolio, eliminate redundancies, and prioritize valuable marks.

Identify redundant or unnecessary marks and consider abandonment or assignment to minimize maintenance costs and reduce clutter.
Conduct a thorough review of trademark usage and verify consistency across all product lines and geographic regions.
Implement a robust trademark management system to track and monitor marks, including renewal deadlines, oppositions, and litigation.

Avoiding Trademark Disputes

During the M&A process, one party's trademarks may infringe on the other's, or a third party's, rights, sparking disputes that can derail the deal or lead to costly litigation. To avoid such disputes, it is vital to conduct thorough trademark clearance searches and due diligence reviews of the target company's trademark portfolio.


Infringement of third-party trademarks	Conduct exhaustive clearance searches to identify potential infringement risks
Loss of trademark protection	Verify the target company's trademark registrations and applications
Brand reputation damage	Review the target company's brand reputation and potential liabilities
Overlap with acquirer's trademarks	Identify potential conflicts between the target company's and acquirer's trademarks
Unclear trademark ownership	Clarify ownership and chain of title for all trademarks

Post-Merger Trademark Strategy

Following a successful merger or acquisition, a thorough post-merger trademark strategy is vital to guarantee the newly formed entity's brand portfolio is aligned with its business objectives. This involves a meticulous brand portfolio review to identify redundancies, conflicts, and opportunities for consolidation or expansion. The development of an integration roadmap is also vital to guide the process of integrating the acquired trademarks into the combined entity's operations.

Brand Portfolio Review

After a merger or acquisition, the resulting entity is often left with a complex brand portfolio comprising multiple brands, trademarks, and trade names. This complexity can lead to inefficiencies, inconsistencies, and potential legal issues if not addressed promptly. A thorough brand portfolio review is crucial to identify opportunities for consolidation, rationalization, and optimization.

Conduct an exhaustive brand audit to catalog and analyze all brands, trademarks, and trade names, including their usage, ownership, and registration status.
Assess the brand portfolio's overall health, identifying areas of strength, weakness, opportunity, and threat (SWOT analysis) to inform strategic decisions.
Develop a portfolio optimization strategy to eliminate redundant or underperforming brands, consolidate brand architectures, and allocate resources more effectively to high-priority brands.

This review enables the merged entity to streamline its brand portfolio, reduce costs, and focus on high-value brands that drive business growth and profitability. By rationalizing the brand portfolio, the entity can guarantee a stronger, more cohesive brand presence in the market, enhancing its competitive position and overall brand value.

Integration Roadmap Development

The brand portfolio review provides a solid foundation for developing a post-merger trademark strategy, which is vital to realizing the full value of the combined entity's intellectual property assets. This strategy serves as a blueprint for integrating the acquired trademark portfolio into the parent company's existing brand architecture. A pivotal aspect of post-merger planning is the development of an integration roadmap, which outlines the key milestones, timelines, and resources required to achieve the desired brand structure.

This roadmap helps navigate integration challenges by identifying potential conflicts, overlap, and opportunities for consolidation or divestment. It also facilitates the efficient allocation of resources, ensuring that the combined entity's trademark portfolio is optimized for maximum value creation. A well-structured integration roadmap enables the combined entity to quickly realize the benefits of the merger, including cost savings, increased market share, and enhanced brand recognition. Effective post-merger planning and integration roadmap development are vital to unshackling the full potential of the combined entity's intellectual property assets.

Frequently Asked Questions

Can trademarks be used as collateral for loans or financing.

Yes, trademarks can be used as collateral for loans or financing, leveraging their value as intellectual property assets. This provides intellectual security, allowing businesses to monetize their trademark assets and access capital for growth and development.

How Do I Handle Trademark Disputes During the M&A Process?

During the M&A process, handling trademark disputes requires implementing strategic trademark strategies, including conducting a thorough due diligence review to identify potential issues, evaluating the validity and enforceability of marks, and negotiating contractual provisions to allocate risk and responsibility.

Are Trademark Licenses Transferable During an Acquisition?

In the context of brand restructuring and asset allocation, trademark licenses are generally transferable during an acquisition, provided the license agreements explicitly permit assignment or contain no restrictions, ensuring seamless brand integration and minimizing potential disputes.

Can Unregistered Trademarks Be Sold or Assigned Separately?

In the absence of registration, unregistered trademarks can be sold or assigned separately, but their value is often difficult to quantify, and brand ownership may be compromised, leading to potential disputes over trademark value and brand ownership rights.

Do Trademark Registrations Need to Be Updated After a Merger?

Following a merger, trademark registrations require updating to reflect changes in ownership, ensuring brand consistency. This involves brand consolidation, where multiple marks are unified under a single entity, and post-merger rebranding, which may necessitate amendments to existing registrations.

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Turkish Trademark Assignment: How to Assign Trademarks?

Turkish Trademark Law

In the realm of intellectual property rights, trademarks hold paramount importance as they serve as unique identifiers for a brand, product, or service. The process of Turkish trademark assignment involves the transfer of ownership of a registered trademark from one party to another.

Table of Contents

Conditions for a Turkish Trademark Assignment

Procedures for trademark assignment, role of a trademark assignment lawyer, turkish trademark services, reach us for a turkish trademark assignment.

Understanding Turkish Trademark Assignment

Additionally, it allows individuals and entities to capitalize on the goodwill associated with an established trademark.

In Turkey, the assignment of trademarks is governed by the Industrial Property Code (IPC) No. 6769, which outlines the conditions that must be met for a valid assignment:

Written Agreement: A comprehensive written agreement must be executed between the assignor and the assignee, clearly outlining the terms and conditions of the assignment.
Explicit Consent: The assignment requires the explicit consent of the trademark owner, who must be of sound mind and legal capacity to grant such consent.
Distinctiveness and Validity: The trademark subject to assignment must be distinctive, non-generic, and validly registered with the Turkish Patent and Trademark Office (TPTO).
No Deception or Misleading: The assignment should not lead to deception or confusion among the public regarding the origin, quality, or characteristics of the goods or services associated with the trademark.

The process of trademark assignment in Turkey typically involves the following steps:

Due Diligence: Both parties, the assignor, and the assignee, should conduct a thorough due diligence process to verify the trademark’s validity, scope of protection, and any potential legal challenges.
Negotiation and Agreement: The parties negotiate the terms of the assignment, including the consideration or payment for the assignment, and execute a written agreement to formalize the transfer of ownership.
Application to TPTO: The assignee must submit a joint request to the TPTO, including the notarized assignment agreement, along with other necessary documents as per the IPC.
TPTO Examination: The TPTO examines the application to ensure compliance with legal requirements. If all conditions are met, the transfer of ownership is recorded in the Trademark Registry and published in the Official Trademark Bulletin.
Publication and Opposition: Following publication, interested parties have the opportunity to oppose the assignment within a designated timeframe.
Registration: Upon successful completion of the process and no valid opposition, the TPTO registers the assignment, recognizing the assignee as the new trademark owner.

Engaging the services of an experienced Turkish trademark assignment lawyer can significantly streamline and facilitate the process. A proficient attorney can provide the following services:

Legal Guidance: A lawyer ensures that the assignment complies with all relevant laws and regulations, minimizing the risk of potential disputes or rejections.
Document Drafting: Crafting a robust assignment agreement is crucial, and a skilled lawyer can draft a comprehensive document that protects the interests of both parties.
Due Diligence: Conducting a thorough due diligence review to identify any existing challenges or conflicts related to the trademark before proceeding with the assignment.
Representation: An attorney represents the client throughout the application process, liaising with the TPTO and addressing any opposition or legal inquiries.
Dispute Resolution: In the event of a dispute or opposition, a trademark assignment lawyer can employ effective legal strategies to resolve the matter efficiently.

We offer our clients the full range of legal services encompassed by a branding strategy:

Trademark application and registration
Trademark renewals in Turkey
Turkish trademark assignment
Prosecution and maintenance of trademarks
Principal and supplemental registrations
Trademark assignment, and franchising
Trademark infringement analysis
Civil litigation includes infringement and counterfeiting
TPTO litigation including opposition and appeals

Embrace the future with confidence, knowing your brand is in capable hands. Contact us today to embark on a seamless trademark assignment journey.

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Trademark Assignment in Turkey
The process of trademark assignment in Turkey typically involves the following steps: Due Diligence: Both parties, the assignor, and the assignee, should conduct a thorough due diligence process to verify the trademark's validity, scope of protection, and any potential legal challenges. Negotiation and Agreement: The parties negotiate the ...
FAQs
Assignment Agreement should be notarized and legalized by Apostille. Specifically, notary public should expressly approve the signatures of the authorized persons of both Assignor and Assignee. If Apostille is not possible, Assignment Agreement should be legalized by Turkish consulate or embassy. If there are more than one trademark owner, is ...
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Turkish Code on Industrial Property No: 6769 and Procedural Act No:566 regulate the assignment procedure. Accordingly, the trademark holder is authorized to assign the trademark partially or completely. However, if the trademark is registered in only one class, it shall be transferred entirely.
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Trademark Assignment Procedures in Turkey. Checking for whether the acquired brand has a lien or restrictive pledge status; Preparation of the trademark assignment contract; To prepare documents for transferring transactions and to make transactions in front of the Turkish Trademark and Patent Authority
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Assignment of Trademarks and Licensing of Trademarks in Turkey Authors: Gönenç Gürkaynak, Esq., Ceyda Karaoğlan and Tolga Uluay, ELIG, Attorneys-at-Law ... The registration of the trademark assignment to the Turkish Patent Institute's Register does not have a constitutive effect. However, the registration of the assignment is ...
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How to Begin with a Trademark Assignment. Consultation: Reach out to us for an initial consultation. Our Turkish trademark attorneys will listen to your needs, gather relevant information, and provide tailored advice.; Assignment Strategy: Based on your goals, we will craft a customized assignment strategy that aligns with your business objectives. Document Preparation: Our team will handle ...
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Turkey October 21 2022. Legal framework. At the national level, trademarks are governed by Industrial Property Code No. 6769 (the IP Code), which entered into force on 10 January 2017. Turkey is a ...
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Our Turkish trademark attorneys guide to understanding the complexities of trademark application in Turkey, covering the registration process, renewal, assignment, searches, oppositions, and the significant role of trademark lawyers.. Trademark Application in Turkey. Trademark protection in Turkey is granted according to the provisions of the Turkish Industrial Property Code No. 6769.
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Turkish Trademark Assignment: How to Assign Trademarks?
The process of trademark assignment in Turkey typically involves the following steps: Due Diligence: Both parties, the assignor, and the assignee, should conduct a thorough due diligence process to verify the trademark's validity, scope of protection, and any potential legal challenges. Negotiation and Agreement: The parties negotiate the ...
Trademark Assignment Lawyers in Turkey
Why Choose our Trademark Assignments Lawyers? Unparalleled Expertise: Our seasoned trademark lawyers possess a deep understanding of the Turkish legal framework and the intricacies of trademark assignments. With a proven track record, we are well-equipped to handle a wide range of assignment scenarios.
Trademark procedures and strategies: Turkey
According to Article 6/4, owners of marks that are not yet registered in Turkey but are well-known in any Paris Convention member state are authorised to claim: refusal before TURKPATENT; or. nullification of a trademark registration before the courts. Under this scenario, the unregistered mark does not need to be well-known or used in Turkey.
How to register a trademark in Turkey
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In Turkey, the ownership of trademarks, regardless of whether they are registered or pending following application, can be transferred to third parties through a trademark assignment agreement. Agreement to be notarized and recordedA trademark assignment must be concluded in writing and approved by a notary public. As per article 148 (4) of the Industrial Property Code numbered 6769, the ...
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As of 2023, the following are the official fees for trademark registration and renewal in Turkey: Filing a trademark application for up to three classes: 1,455 Turkish Liras (approximately 170 US dollars). Filing a trademark application for each additional class beyond three: 100 Turkish Liras (approximately 12 US dollars).
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A typical trademark application takes 6-8 months from filing till registration (2 months examination stage, 2 months publication stage, 2 months decision phase if no opposition is filed, 1-2 months registration and certification stage). In case of an opposition or ex-officio rejection, each may take 6-8 months plus the same for the appeals.
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III. Distinction between assignment of trademarks and licensing of trademarks. a. Assignment of Trademarks. According to Article 16/I of the Decree, a registered trademark may be transferred independently or together with a company in part of or in full, for the goods or services for which it is registered.
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Turkey is a signatory to several key treaties and conventions including the Paris Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Madrid Protocol. As a member of WIPO since 1976, Turkey follows the Nice Classification system. Turkey is also a party to the Vienna Convention, the Convention Establishing ...
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The process of trademark assignment in Turkey typically involves the following steps: Due Diligence: Both parties, the assignor, and the assignee, should conduct a thorough due diligence process to verify the trademark's validity, scope of protection, and any potential legal challenges. Negotiation and Agreement: The parties negotiate the ...
Delhi HC Passes Order Against 'Deceptively Similar' Product As Boroline
Delhi High Court has declared 'Boroline' a "well-known trademark" under the Trade Marks Act, and stated that it is recognised not only in India but also in other countries like Oman and Turkey. O ...

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Assignment of trademarks and licensing of trademarks in Turkey

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FAQs -Trademark Application and Registration in Turkey

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