Trademarks—Turkey—Q&A guide
Trademarks—Turkey—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Turkey—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Turkey published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: CETINKAYA—Bentley James Yaffe; Sila Ozge Sayli

1. What is the primary legislation governing trademarks in your jurisdiction?

The Industrial Property Law No. 6769 (the Law) became the primary legislation on trademarks after it was published in Official Gazette No. 29944 and came into force on 10 January 2017. Previously, Decree-Law No. 556 on Protection of the Trademarks (the abolished Decree-Law) was in force from 1995 until 10 January 2017 when it was abolished. After the Law No. 6769 came into force, trademarks are also regulated under the Industrial Property Law, including patents, designs and geographical signs. Although there are crucial changes in the new Law, there are still particular provisions of the abolished Decree-Law that remain in effect.

2. Which international trademark agreements has your jurisdiction signed?

Turkey is a party to number of trademark-related international conventions, the major ones of which are:

  1. Patent Cooperation Treaty;

  2. European Patent Convention;

  3. Patent Cooperation Treaty 1970;

  4. Agreement on Trade-Related Aspects of IP Rights;

  5. Paris Convention for the Protection of Industrial Property 1883;

  6. Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; and

  7. the Madrid Agreement Concerning the International Registration of Marks.

3. Which

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