Trademark Registration in Turkey: Process and Documents

A trademark is protected only in the country where it is registered. A company that sells in Turkey under a brand registered at home has no protection in Turkey until the mark is also registered with TÜRKPATENT (Türk Patent ve Marka Kurumu, the Turkish Patent and Trademark Office). Until then, someone else can apply for the same or a similar mark first. Registering the mark before the first shipment or the first distribution contract is therefore the safe order.

For trademark registration in Turkey, apply to CE Danışmanı (CE Consultant); we manage the whole process for you.

Trademark and patent are different

What can be registered as a trademark?

• Names and words: personal names, words, letters and numbers
• Logos: emblems, signs, shapes, figures and drawings
• Slogans: provided they indicate the origin of the goods or services

Classes of goods and services

Applications are filed for specific classes of goods and services. TÜRKPATENT uses the international classification, so the classes are the same as in other countries. A mark can be registered in more than one class, depending on the sectors in which it will be used. Choosing the classes is one of the most important decisions in the application: the mark is protected only for the goods and services listed.

How the registration works

1. Search. Before filing, check that the mark has not already been registered or applied for by someone else. TÜRKPATENT provides an online search tool that anyone can use.
2. Define the mark. Decide whether the application covers a word, a logo, a slogan or a combination, and select the classes.
3. Prepare the documents. If the mark contains characters that are not in the Latin alphabet, their Latin equivalents must be stated.
4. File the application. The official fee is paid and the application is filed with TÜRKPATENT, either by the applicant directly or through an appointed agent. Applicants that are not established in Turkey act through an agent.
5. Examination and publication. The office examines the application. Objections from third parties or a refusal by the office lengthen the process, which is why the search at the beginning matters.
6. Registration. If no obstacle remains, the mark is entered in the register and the certificate is issued.

Documents

The documents vary according to whether the applicant is a person or a company. The usual ones are:

• Image of the mark
• List of goods and services, with explanations
• Power of attorney for the agent
• Identity or company documents and proof of signing authority
• Proof of payment of the application fee
• Priority document, if priority is claimed from an earlier application in another country
• Regulation of use, for collective mark applications

Rights of the registered owner

• To prevent others from using the same or a confusingly similar mark without permission
• To transfer the mark to another person or company; the mark can also pass by inheritance
• To license the mark, for example to a Turkish distributor or under a franchise
• To use the mark as security

In a dispute over the name, the registration is the owner’s main evidence.

Legal framework

Trademarks in Turkey are governed by the Industrial Property Code (Sınai Mülkiyet Kanunu) and its implementing regulation, together with the classification communiqué and the examination guidelines published by TÜRKPATENT.

Patents in brief

A patent gives the owner exclusive rights to produce, use, sell or import the invention for a limited period. There are three routes:

• National application at TÜRKPATENT
• European Patent Convention (EPC): protection in the member countries chosen by the applicant
• Patent Cooperation Treaty (PCT): one international application as the starting point for many countries

An application contains the application form, a description of the invention, the claims, technical drawings and an abstract. Diagnostic and treatment methods applied to the human or animal body, mathematical methods and scientific theories, aesthetic creations, and plans and rules for business activities are not patentable.

Trademark and product compliance

Brand protection and product compliance are separate steps for entering the Turkish market, and both should be completed before the first shipment. The brand and model on the product have to match the conformity documents checked at import. See CE marking and TAREKS import inspection in Turkey.

How CE Danışmanı helps

• Preliminary search and assessment of the mark
• Selecting the classes of goods and services
• Preparing the documents and following the application until registration
• Informing you about the stages, the official payments and the timing before you start

Tell us about your company and your brand, and we will reply with our offer as soon as possible.

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