In case an application is made by the owner of a registered Trade Mark or a brand that has been applied for registration your Trade Mark may be rejected for the reasons listed below:

• If the Trade Mark that is applied for registration is the same with a Trade Mark registered or applied for registration earlier and includes the same products or services,
• If the Trade Mark that is applied for registration is the same or resembles with a Trade Mark registered or applied for registration earlier and includes the same or resembling products or services, if there is a possibility that people may mistake the mark for a registered Trade Mark and if this possibility includes that the products are the same or resembling.The application for registration of a Trade Mark may be rejected if an owner of a non-registered Trade Mark signs an appropriate application for the reasons listed below:
• If the owner of an unregistered Trade Mark proves that the right for the symbol is obtained by him/her before the date of the application for registration,
• If the presented symbol gives the right to prohibit usage of a next Trade Mark,

A Trade Mark that is applied for registration is the same or resembles with a Trade Mark registered or applied for registration earlier can be used for different products or services. However, if such a Trade Mark is considered able to harm the reputation that the existing registered Trade Mark has gain in the public opinion, or make any harm to the symbol used or can cause the mistaking the goods of the companies, then upon an application of the owner of the registered Trade Mark the application for registration of the new Trade Mark can be rejected even if it is intended to be used for different products or services.

A Trade Mark that is applied for registration can be rejected upon an application by the owner of earlier registered Trade Mark if it enters the existent Trade Mark’s copyright, title, photographic or any industrial property right.

A Trade Mark registration application can be rejected upon application made by owners of shared or guarantee Trade Marks during three years after their Trade Mark’s registration period is over.

A Trade Mark registration can be rejected upon an application by an owner of a Trade Mark which has ended for the reason of not being renewed during two years after the period is over if the new Trade Mark is same or resembling and is to be used for the same products or services.

•  Trade Mark that are same or indistinguishable from a trade mark for the same or same type of goods that has been earlier registered or applied for registration.

• Trade Mark that lack details about type, kind, quality, quantity, purpose, value, geographical origin, date of production or period of service and other important characteristics of products,
• Trade Mark that are restricted or use as a main purpose names or signs that are used by everyone in commercial sector or are used to distinguish members of a professional, artistic or commercial group,
• Signs that contain forms originating from natural structure of a product or are preliminary in order to obtain a technical result, and so giving itself the original shape of the product,
• Trade Mark that may deceive people about features, quality, place of origin or geographical origin of a product or service,
• Trade Marks for usage of which no permission has been taken from a competent authority, which is not acceptable in accordance with 2. Article 6. Paragraph of the Paris Agreement,
• Other riggings, emblems or target containing trade marks that are not included in 2. Article 6. Paragraph of the Paris Agreement that are only of concern to public opinion, important to people because of historical or cultural values and not permitted by concerned authorities.
• Trade Marks accepted by 1. Article 6. Paragraph of the Paris Agreement and permission for usage of which is not given by owners,
• Trade Marks that contain religious values and symbols,
• Trade Marks that are not in accordance with public order or general morals.

• Usage of any sign of a registered Trade Mark that is included in the registration of the Trade Mark for the same type of products or services,
• Usage of any sign that can be mistaken for a registered Trade Mark for the same or resembling types of products or services,
• Usage of signs that can be easily mistaken for a registered Trade Mark of an enterprise by another enterprise producing the same or different kind of products in order to take an undeserved advantage by using the name of prestigious enterprise.The cases listed below can be prohibited in accordance with the first paragraph sentence:
• To placing a sign over a product or a package,
• To tender products carrying a sign to the market or stock the products for that purpose, to offer a possibility to deliver or provide services under that sign,
• Import or export of products carrying a sign,
• To use a sign on the documentation and advertisement of an enterprise.

On 01.01.1999 our country has signed the Madrid Protocol concerning International Trade Mark Registration. International registration system provides great advantages for companies that make partial trade abroad. The main advantage of the system is that it provides possibility to apply for Trade Mark registration in 65 world countries with a condition of using one single language and pay one single fee.

REMEMBER !
In countries where you export yours products and where your Trade Mark is already known some companies may try to use the opportunity to register your Trade Mark in their country. Or a rival export company from the same sector in Turkey may use an opportunity and register your Trade Mark for their products and waste the billions you have spent for creating your name and coming at a certain level of quality and popularity. There is a risk that as a result of such an accident your products may even be confiscated at the customs supported by a court decision.

When such situations take place it always means big material and moral losses and also loss of time even if you manage to prove to a competent authority or court your ownership.

In order to be able to apply for a Trade Mark registration on the international platform you must at first register your trade mark or at least apply for the registration in your original country (in Turkey).
Click here to see the Madrid Protocol.

A Trade Mark protection period is 10 years starting from the date of registration.

This period can be extended with a condition of being renewed for 10 month periods.

During the 10th year from the date of registration the application for renewal can be made 6 month before. If the term is missed, then an additional period of 6 months is granted to the owner of the registration. In case the additional period is also missed the Trade Mark becomes invalid.

All official applications made to the Turkish Patent Institute are evaluated by the institute. If the result of the evaluation is positive, then the Trade Mark is being declared to the third persons in the direction of the registration. Trade Mark that are not objected during three month are finally accepted by the TPI and entered in the registrar.

• A Trade Mark registration application is evaluated by the Turkish Patent Institute the same day, hour and minute when applied. Applications for Trade Mark registration made by other enterprises after you are rejected (for the same or indistinguishable products and/or services.
• The right to use a registered Trade Mark is only valid in the country where it was registered. A registered Trade Mark cannot be used by other companies for products or services of the same registered Trade Mark. If the company which owns the registered Trade Mark can prove that their Trade Mark is being forged, it can seize the forged goods or stop the service of forging company. The company may also apply to the Court for compensation for moral and material harm.
• Any registered Trade Mark can be sold, transferred by inheritance, license for usage may be given, can be presented as a mortgage or compensation.

Shared Trade Mark
It contains of symbols used by a group engaged in a production, trade or service administration. Shared Trade Mark is used to distinguish products or services of a group administration from products or services of another administrations.

Guarantee Trade Mark
Guarantee Trade Mark is a sign used to guarantee the common features, production methods, geographical sources and quality of many enterprises that are economically connected to an enterprise that owns the guarantee Trade Mark which uses it for all its products and services.

Commercial Trade Mark
This is a sign that is used to distinguish products manufactured and/or traded by an enterprise from products of other enterprises.

Trade Mark of Service
This is a sign used to distinguish services provided by an enterprise from services provided by other enterprises.

A Trade Mark is a label that can be affixed over products or packages and is designed in order to distinguish products or services of an enterprise from products or services of another enterprise and may contain personal names, special words, shapes, letters, numbers and any symbols that can be produced and copied by any means.

A Trade Mark can be registered together with a product or a package. In this case a product or package registration does not provide the a monopoly right for the product or package for the Trade Mark owner.

The process of registering a title of a newly established enterprise into the Trade Register does not include a Trade Mark registration, which means that different enterprises can be registered under the same title with only little difference. The only institution authorized to perform the Trade Mark registration is Turkish Patent Institute.