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TRADE / SERVICE MARKS
Signs that can be registered as a trade / service
mark
A trademark, provided that it is capable of distinguishing the
goods and services of one undertaking from the goods and services of
other undertakings, may consist of all kinds of signs being
represented graphically such as words, including personal names,
designs, letters, numerals, shape of the goods or their packaging
and similarly descriptive means capable of being published and
reproduced by printing.
Who can file a turkish trade/service mark
application?
The Protection conferred by Turkish Patent Legislation is
available to natural and legal persons who are domiciled or who have
industrial or commercial establishments within the territory of the
Republic of Turkey, or to the persons entitled to file applications
under the provisions of the Paris Convention and Agreement
Establishing World Trade Organization. Reciprocity principle can
also apply.
Use of the trademark
If, within a period of five years following the registration,
trademark has not been put to use without a justifiable reason or if
the use has been suspended during an uninterrupted period of five
years, the trademark may be subject to cancellation by a court
decision.
The following shall be understood to constitute use:
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Use of the registered mark in a form differing in
elements which do not alter the distinctive character of the
trademark,
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Use of the trademark on goods or their packaging
solely for export purposes,
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Use of the trademark with the consent of the
proprietor,
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Importing of the goods carrying the trademark.
Opposition
Filing opposition against a trademark on the grounds that it may not
be registered shall be submitted within three months of the
publication of the application.
Term of Protection
Trademark is registered for a period of ten years from the date of
filing of the application. Registration may be renewed for further
periods of ten years.
Renewal
The request for renewal must be submitted within a period of six
months before the last day of the month in which protection ends. In
failing this deadline, the request may be submitted within a further
period of six months from the day referred to in the previous
sentence upon payment of an additional fee.
Renewal shall take effect from the day following the date on which
the existing registration expires.
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