Turkey

Trade Mark

Filling Requirements

1. A simply signed Power of Attorney.

2. The name, address, nationality and occupation of the applicant and the nature of its business.

3. Eight prints of the mark, (not required for word marks).

4. A list of the goods/services and the classes pertaining thereto.

5. A certified copy of the priority document, which can be submitted within three months from the date of filing, in the case that it is claimed.

Note: The aforementioned documents must be submitted with the application at the time of filing.

Renewal of Trademark/Service Mark Registrations

1. A simply signed Power of Attorney for each application.

2. The number and date of the registered trademark/service mark.

3. The name, address and nationality of the applicant.

Assignment or Merger Recordals

1. A notarized Power of Attorney signed by the assignee.

2. A duly notarized deed of assignment signed by the assignor and the assignee, merger document.

3. The name, address, nationality and profession or nature of business of the assignee.

4. The number and date of the registered trademark/service mark.

License Recordals

1. A notarized Power of Attorney by the licensee.

2. A notarized license agreement executed by both parties.

3. The name, address, nationality and profession or nature of business of the licensee.

4. The original trademark certificate for endorsement purposes.

Change of Name/Address Recordals

1. A simply signed Power of Attorney.

2. A certificate of the change of name or address.

3. The number and date of registered trademark/service mark

Summary

Turkey is a member of the Paris Convention for the Protection of Industrial Property. Being a member of the Nice Agreement, the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th edition) is followed in Turkey, and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002. Multi-class applications are possible for both goods and services.

Once a trademark application is filed, it is examined as to its registrability. Upon examination, if the Trademark Registrar rejects the mark, an appeal maybe submitted within 2 months from the date of rejection. Once a trademark application is accepted by the Registrar, it is published in the Official Gazette.

Any interested party may file a notice of opposition to the registration of the mark within three months from the publication date. The Registrar's decision concerning the opposition may be appealed to the Committee “Re-Examination and Evaluation Board” and the Committee's decision to the competent court. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.

A trademark registration is valid for 10 years as of the date of filing the application renewable for similar periods. The renewal fees of a trademark registration can be paid during the last 6 months of the final year of the protection period. A grace period of 6 months is allowed for late renewal with a fine.

The ownership of a registered trademark can be assigned with the goodwill of the commercial enterprise. Unless an assignment has been recorded in the register and published in the Trademark Gazette, it shall have no effect vis-à-vis third parties. Changes in the name and/or address of the registrant must be recorded in order to protect rights. Registered user agreements, licenses and amendments which do not affect the identity of the mark substantially, limitation of the list of goods and/or services covered by a trademark registration can be recorded as well.

Use of trademarks is not compulsory for filing application neither for registration nor for maintaining the registration in force. However, any interested party may request the court to cancel a trademark registration, if the owner fails to use such a trademark in Turkey for 5 consecutive years from the date of registration.

Illegal use of a registered trademark by an unauthorized person, use of a forged or counterfeit trademark, application to one's goods a registered trademark belonging to another party in bad faith, dealing in products bearing a forged or counterfeit trademark, rendering services under a forged or counterfeit trademark, and use of a trademark that falls under certain categories of unpredictable marks are offenses punishable under the law in Turkey.

Patents

Filling Requirements

1. A simply signed Power of Attorney.

2. Specification, claims and abstract (in about 100 words) in Turkish. One copy in English, French or German is needed for translation purposes.

3. Formal drawings, if any, (3 sets).

4. The particulars of the corresponding foreign application.

5. A certified copy of the basic application as filed along with its translation, if priority rights are to be claimed.

6. A Deed of Assignment (or proof of assignment) from the investors to the applicant.

Note: As per the current practice of the Turkish Patent Institute, the report on the state-of-the-art must be requested within 15 months as of the application date or priority date. The search on the state-of-the-art is carried out in an office accepted as searching authority.

For PCT applications entering the national phase in Turkey, a copy of the PCT application and the examination report must be submitted with the application.

Patent Annuities

1. A simply signed Power of Attorney for each application, if we are not the agents on record.

2. The number and date of filing the patent.

3. The name, address and nationality of the applicant.

Assignment Applications

1. A simply signed Power of Attorney by the assignee.

2. A duly notarized deed of assignment signed by the assignor and the assignee.

3. The name, address, nationality and profession or nature of business of the assignee.

4. The number and date of the registered patent.

License Applications

1. A simply signed Power of Attorney by the licensee.

2. A notarized license agreement executed by both parties.

3. The name, address, nationality and profession or nature of business of the licensee.

Copy Rights

Summary

The Turkish Copyright Law No. 5846 of 1951 amended by Law No. 4630 of 2001 allows for the protection of copyrightable works in general and computer software in particular.

Original works of literature, art and science, regardless of type, importance or purpose are protected. This includes works of art expressed in writing, sound, drawings, photography and motion pictures, such as books, writings, speeches, oral works, plays, dramatic works, musical compositions, films, phonographic works, applied art, 3-D works and computer programs. Such works are protected for the lifetime of the author plus 70 years following his/her death.

In order for protection to be effective, the work of art is to be original and includes personal efforts, innovation and new arrangement.

Any enforcement of the law is through the courts of Turkey.

Some Articles of the Copyright Law No. 5846 dated 1951 has been amended in the following years: 1983, 1995, 2001 and 2004.
On May 17, 2006, a new regulation related to the “works of art” in relation to the above-mentioned copyright law has been executed and published in the Official Gazette No. 26171.

The following works are protected as per the said law:

1. Literature and science works;

2. Music works;

3. Fine art works:

- Paintings, art and crafts, engraving, illumination works, calligraphy, serigraphy
- Statues, relief, carving
- Architecture works
- Handworks, miniature, ornament, designs, photographic works
- Graphic arts
- Caricature works

4. Cinema works

Turkey is a member of the Berne Convention for the Protection of Literary and Artistic Works.

Designs
Requirements

1. A Power of Attorney.

2. The information on how the applicant has acquired the right to apply for a design from the designer.

3. A certified priority document. If priority is claimed, number, date and country of the application are required.

4. Drawing(s) or painting(s), graphic, photographic or other similar representations of the designs suitable for reproduction and reflecting all of its features; 20 pictures (8x8) cm size.

5. Description related to the design and products to which the design is to be incorporated.

In case of multiple applications, separate descriptions and representations of the design should be submitted.

Design Annuities

1. A simply signed Power of Attorney for each application, if we are not the agents on record.

2. The number and date of filing the design.

3. The name, address and nationality of the applicant