Instructions for Trademark Registration in Turkey

Turkey, with its strategic geographical location, long cultural history, and thriving economy, offers many attractive opportunities for businesses looking to build and grow their brands. Turkey is famous for its high-quality fabrics, exquisite patterns, and traditional handcrafted weaving techniques. This country owns modern production plants, meeting the needs of the international market. In addition, production costs are relatively low compared to European countries, making products more attractively priced. Turkey has fertile land, a favorable climate, producing many high-quality agricultural products such as fruits, vegetables, cashews, tea, etc. Turkish cuisine is rich and unique, attracting the attention of consumers all over the world. Products such as Turkish tea, Turkish Delight candy, nuts… has become a symbol of the country. Turkey owns many world-famous historical and cultural relics such as Istanbul, Cappadocia, Ephesus… and the coastline stretches with many white sand beaches, the clear blue sea is suitable for the development of tourism-related fields. Turkish handicrafts are imbued with traditional, unique culture and have high artistic value. The products are meticulously handmade, natural and durable. Handicraft products are always popular with consumers, especially tourists. Therefore, more and more individuals and organizations need to register a trademark in Turkey, Viet An Law would like to guide customers through the article below.

Legal Basis

• Law No. 6769 on Industrial Property

Definition of Trademark in Turkey (Law No. 6769)

What is a trademark?

A trademark can be any indication, including the name of a person, words, shapes, colors, letters, numbers, sounds, and the appearance of goods or packaging, provided that such mark may:

• Differentiate one business’s goods or services from others.
• Clearly and accurately represented in the registration dossier to ensure protection rights for the trademark owner.

Instructions for determining conditions for trademark registration in Turkey (Law No. 6769)

• Differences:
  • Your trademark must be able to distinguish your goods or services from those of other businesses.
  • Trademarks must not be generic or overly clear about the product or service.
• Graphic Representation:
  • Your trademark must be represented graphically clearly and accurately.
  • This means that the trademark must be reproduced in a recognizable way.
• Do not violate the rights of others:
  • Your trademark must not be identical or similar to any registered trademark or other intellectual property rights.
  • It is not allowed to have the same or similar trademark registered for the same or similar goods or services.
• Conformity with ethics and public order
  • Your trademark must not be contrary to public order, social ethics, or recognized ethical principles.
  • Trademarks must not be misleading or deceptive.

Types of trademarks that can be registered in Turkey (Law No. 6769)

Turkey recognizes a wide range of trademarks, including traditional and non-traditional trademarks. Here is some information about these types of trademarks:

Traditional Trademark:

• Word trademarks: These are the words, letters, or numbers used as trademarks. For example: Coca-Cola, Nike.
• Image trademarks: These are graphic images, logos, or designs used as trademarks. Example: Apple logo, McDonald’s gold arc

Non-Traditional Trademark:

• Sound trademarks: Unique sounds or melodies may be registered as trademarks. Example: Intel’s “bong” sound
• Color Trademarks: Specific colors or color combinations can be registered under certain conditions. Example: Tiffany Blue
• Three-dimensional trademarks: The shape of a product or its packaging can be registered as a trademark. Example: Coca-Cola bottle shape
• Motion trademarks: Motion images or animations may be registered as trademarks. Example: McDonald’s logo rotates
• Other types:
  • Collective trademarks: These are trademarks used by a group of individuals or companies to identify products or services that originate from a specific geographic area or have certain characteristics.
  • Certification trademarks: These are marks used to certify the quality, materials, manufacturing methods, or other characteristics of goods or services.

Guide to Trademark Search in Turkey

You can search for trademark information in Turkey through the following platforms:

• Turkish Intellectual Property Office (Türk Patent): The office provides a data system for searching that allows you to search by trademark name, serial number, or owner’s name. If you want to search, please visit the following link: https://www.turkpatent.gov.tr/en/research
• Other Trademark Search Services
  • Marcaria: This unit provides a specialized trademark search service for Turkey, allowing you to search by name or trademark number. Customers can access the following link: https://trademark-search.marcaria.com/en/asia/turkey-trademark-search
  • Nominus: This unit also offers a Turkish trademark search service, which allows you to search by name, number, or owner. You can access the following link: https://www.nominus.com/en/tm/turkey-trademark-search

Instructions for preparing trademark registration dossiers in Turkey

• Trademark registration application: The applicant completes the following information:
  • Name and address of the applicant (individual or business)
  • Trademark type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

Instructions on how to file a trademark registration dossier in Turkey

To file a trademark protection application in Turkey, customers can file by the following filing methods:

• Direct filing: Customers can go directly to the Turkish Intellectual Property Office at 13 Hipodrom Street 06560 Yenimahalle Ankara to submit the application and related documents.
• By Post: You can send the application and all necessary documents through the postal service or courier service to the Turkish Intellectual Property Office at 13 Hipodrom Street 06560 Yenimahalle Ankara.
• Submit online through the link below: https://epats.turkpatent.gov.tr/run/TP/EDEVLET/giris

If you want to file a trademark registration application in Turkey, please contact Viet An Law – IP Firm, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.

Update: 8/2024