Trademark registration application process is carried out through the e-devlet application. Trademark attorneys are authorised to apply on your behalf by representing you with a power of attorney. Users who want to make transactions without an attorney can make transactions on behalf of their individuals with their own e-devl applications, and those who want to make transactions on behalf of a legal person can make transactions by registering the company representative as a legal person authorised through e-devlet.
The appropriate class for the registration of signs used for e-commerce (online sales via the web or sales via catalogues and brochures) is Class 35. In the last part of Class 35, production classes related to the commodities sold are added to provide full protection.
Channels used for international patent enquiry; EP-Espacenet (patent search service of the European Patent Office.), TR-Espacenet (possibility to search in Turkish with the help of espacenet through TURKPATENT’s published applications), WIPO-Patent Scope (patent search site of WIPO), USPTO (patent search site of the USA)
Trademark registration fee consists of two stages. The fees paid to TURKPATENT at the time of application and the fee paid for obtaining documents after the registration is finalised. If you are working with an attorney, attorney fees will also be added to the fees.
Trademark classes are used to determine the content and scope of protection of goods and services during registration in order to qualify a distinctive sign as a trademark. In our country, the Nice Classification System, which is used in many countries, is valid. In this system, there are 45 classes in total. While classes 01-34 are production (goods) classes, classes 35-45 are service classes.
Patenting a trademark is a wrong concept and usage. Trademark processing fees are paid for the protection of distinctive marks, while patent processing fees are paid for the protection of inventions.
These are the fees that must be paid to obtain the legal document showing the person or institution that owns the relevant industrial property, the scope, classes and duration of the right after the completion of the trademark, patent / utility model, design, geographical indication transactions that constitute Industrial Property Rights.
Among the classes used for trademark registration procedures, if the applicant is a manufacturer and produces in a single area, legal protection can be provided with a single class trademark application if the relevant production class or a single service class is sufficient if it provides services.
It is the period from the date of filing the trademark registration application until the receipt of the certificate. Generally, a trademark registration certificate can be obtained at the end of 6-8 months.
Trademark registration is the title deed of individuals or private law legal entities. The registration in the field of goods or services provides legal, economic and prestige advantages. It provides benefits such as getting ahead of competitors, being recognised in public institutions and benefiting from supports, being strong in foreign collaborations, additional earnings by transferring separately from the company or together with the company (the trademark is shown in the financial statements as an intangible fixed asset), support for heirs through inheritance and inheritance, additional income through licensing or transfer.
The transfer of a trade mark consists of the notarisation of the transfer agreement concluded between the assignee and the assignor through the agency of the attorney, and its submission to the institution to be registered in the transfer register of the TURKPATENT. The relevant fees and attorney fees must be paid for the transaction.
No. The Trade Registry is a record kept by a public institutional professional organisation with legal personality, which serves in accordance with the provisions of the Law No. 5174 on the Union of Chambers and Commodity Exchanges of Turkey and Chambers and Commodity Exchanges and the Turkish Commercial Code in order to prevent the establishment of companies in the same commercial field with the same name and to prevent commercial confusion. Trademark registration is the registration by TURKPATENT of items consisting of all kinds of signs, including words, shapes, colours, colours, letters, letters, numbers, sounds and the form of goods or their packaging, including personal names, provided that they enable the goods or services of an undertaking to be distinguished from the goods or services of other undertakings and that they can be shown in the registry in such a way that the subject of the protection provided to the trademark owner can be clearly and precisely understood.
In order to contribute to the technological progress of Turkey, to create an environment of free competition within the country and to ensure the development of research and development activities, the Turkish Patent and Trademark Office is a special budget organisation with a legal personality, affiliated to the Ministry of Industry and Technology, in order to establish patents and trademarks and industrial property rights, to provide protection in this regard and to make available to the public the information and documentation available in Turkey and abroad regarding industrial property rights. The Turkish Patent and Trademark Office is a public organisation and its short name is ‘TURKPATENT’.
It is the follow-up and notification made by using the TURKPATENT database in order to prevent the infringement of the files applied before the TURKPATENT or the document after the registration is obtained (for the detection of similar or identical transactions).
E-devlet portal is the public system where applications are made before the TPTO. ‘E-devlet patent’ is not a correct concept and usage. The process is initiated by logging in to the TURKPATENT database via e-devlet and applying for documents such as the specification set, claims, drawings prepared for obtaining a patent certificate, and ultimately a patent is obtained.
No. A trademark is any sign including words, including personal names, shapes, colours, colours, letters, letters, numbers, sounds and the form of the goods or their packaging, provided that it enables the goods or services of an undertaking to be distinguished from the goods or services of other undertakings and that it can be displayed in the registry in such a way that the subject matter of the protection provided to the trademark owner can be clearly and precisely understood. A patent is a document granted to inventions in all fields of technology, provided that they are new, contain an inventive step and are applicable to industry.
Under the regulation implemented by the repealed Decree Law No. 551, applications were made to the TPTO by post with physical documents. Applications or other requests made online can also be made through the e-devlet Gateway by authentication within the scope of the Regulation on the Procedures and Principles Regarding the Execution of e-devlet Services published in the Official Gazette dated 3/9/2016 and numbered 29820.
The subject matter of the invention is first subjected to preliminary research, then prepared in accordance with the conditions for obtaining a document (description set, drawings, claims) and applied to TURKPATENT. Following the receipt of the letter that there is no formal deficiency by the Institution, a research report request is made. Following the research report (after the relevant publication periods), an examination report is requested. If the report is also positive and there is no objection, the patent is obtained.
Patent number, name-surname of the inventor, name-surname or title of the applicant, name of the attorney if there is an attorney, title of the invention or IPC class can be entered. Applications that have not yet been published can be learnt from the TURKPATENT call centre.
Design registration is the certification before TURKPATENT of the appearance of the whole or a part of the product or the ornamentation on it, resulting from features such as line, shape, form, colour, material or surface texture.
The utility model is a certificate granted on condition that the invention is new and applicable to industry.
Geographical indication basically refers to a local product name that is differentiated from its counterparts and owes this difference to the region where it originates. In this sense, a geographical indication is a sign indicating a product that is identified with the region, area, region or country of origin in terms of a distinctive quality, reputation or other characteristics. Geographical indications are divided into two as designation of origin and geographical indication.
An application for international trade mark registration may be filed by a natural or legal person who has a real and effective industrial or commercial establishment in a country which is a party to the Madrid Protocol, or who is resident or nationalised in that country. The Madrid System may not be used by natural or legal persons who do not have the necessary connection with a member of the Madrid System in terms of establishment, domicile or nationality. Trademark protection cannot be provided in a country that is not within the Madrid Union. In order to obtain international trade mark registration, it is mandatory to have a registered trade mark or a trade mark registration application in the relevant office of origin (TURKPATENT). The application for international trade mark registration must be filed with WIPO through the office of origin (TURKPATENT). If a registration is to be obtained in a country that is not a party to the Madrid Protocol, an application must be filed in the relevant country (country of origin).