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Bizi Takip Edin:

Trademark LawTrademark Rights and Protection Turkey

14 December 2017

TPE : Turkish patent and Trademark Office

  • The trademark is obtained by the registration of the subject. A registered trademark may be transferred to someone else. It may be transferred by way of inheritance, the right of use may be licensed, it may be pledge and guarantee.
  • Trade Titles are not trademarks if they are not registered as trademarks, even if they are registered with other laws.
  • A trademark is registered once for the same goods and / or services. Trade and Service mark may be registered together or separately.
  • According to the law, the guardian’s starting date is the day-hour and minute that the application documents are prepared according to the procedure and given to the TPE. If the application was made by post, it is the date that the mail reached TPE.
  • If there is a deficiency in the application, an additional period of 1 month is granted to complete the deficiency. Protection begins with the completion of deficiencies in this additional period.
  • The right over the trademark is an occupation right. The registration gives the owner an exclusive right.
  • The right on the trademark is the absolute right of property.
  • Protection in Turkish law is obtained through registration. There are two systems: the Registration System and the Operating System,
  • In the registration system; rights are acquired by the selection and registration of the mark. In the operating system; a person who uses a trademark before the registration and gives it distinctiveness becomes entitled to the trademark. If someone registers it, he may ask for his leave.
  • There are some exceptions in the Registration System: the opportunity to appeal in case of trademark application and the right to a registered trademark owner.

PERSONS WHO MAKE PROTECTION ABOUT TRADEMARK

  • Those who reside within the boundaries of the Republic of Turkey,
  • Those engaged in industrial or commercial activities,
  • Those eligible to apply under the provisions of the Paris and Trips Convention,
  • Those who are entitled under the reciprocity principle,

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