Introduction
In Turkey, the term “establishing a trademark” technically means registering a trademark, and the process is regulated under the Industrial Property Law. Trademark registration is an administrative procedure conducted before the Turkish Patent and Trademark Office (TÜRKPATENT) and is distinct from establishing a company. Below is a step-by-step breakdown of the trademark registration process and its legal aspects.
1. Legal Basis
- Industrial Property Law No. 6769
- Trademark Regulations and Communiqués issued by TÜRKPATENT
- Paris Convention and Madrid Protocol (for international applications)
2. Preparations Before Filing
- Selecting the Trademark Name
- Must be easy to pronounce and distinctive
- Must not be identical or confusingly similar to an existing trademark in the same class
- Determining the Trademark Class (Nice Classification)
- Identify the correct product or service class (e.g., software = Class 9, food products = Class 29, etc.)
- Conducting a Similarity Search
- Search the TÜRKPATENT database in advance
- Consulting a professional trademark attorney is highly recommended
3. Application Process
A. Filing the Application
- Applications are submitted online through TÜRKPATENT’s system or via a trademark attorney.
- Required documents:
- Trademark sample (logo or word mark)
- Application form
- Class list
- Power of attorney (if filed by an attorney)
- Filing fee
B. Formal Examination
- TÜRKPATENT reviews the application for completeness.
- If deficiencies are found, the applicant is given a correction period.
C. Substantive Examination
- The Office examines whether the mark is distinctive and complies with legal requirements.
D. Publication in the Official Bulletin
- Accepted trademarks are published in the Official Trademark Bulletin for a 2-month opposition period.
- Third parties may file objections within this period.
E. Registration
- If no opposition is filed or all objections are rejected, the trademark is registered and a Trademark Registration Certificate is issued.
4. Duration and Validity of Registration
- Average process time: 6–12 months
- Validity period: 10 years (renewable in 10-year increments)
5. Rights Granted by Trademark Registration
- Exclusive right to use and prevent unauthorized use of the trademark
- Ability to license, assign, or pledge the trademark
- Legal right to initiate criminal and civil actions against infringement or imitation
6. Strategic Recommendations
- You can register a trademark even without establishing a company
- For international protection, consider filing under the Madrid Protocol
- Align your domain name with your registered trademark for a consistent brand strategy
Conclusion
Registering a trademark in Turkey is a critical step in protecting your brand identity and securing your legal rights in the market. With proper planning, the process is straightforward and provides strong legal advantages for both local and international businesses.
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