No. In Türkiye, having a clearance search carried out before filing a trademark application is not a legal requirement. It is, however, recommended so that possible refusal and dispute risks can be assessed in advance.

No. The search provides a risk assessment based on accessible records and the information available on the date of the review. The final outcome of registration depends on TÜRKPATENT’s examination, any oppositions and the applicable legal conditions.

In some cases, yes. However, being in different Nice classes alone does not mean there will be no legal conflict between the marks. The similarity of the goods and services, the reputation of the marks and other legal conditions are assessed together.

The duration depends on the nature of the mark, the number of classes to be reviewed, the density of similar trademark records and whether the search is national or international in scope.

Both word marks and marks containing figurative and logo elements can be searched. Searches for visual marks may require different review methods.

Fees may vary depending on the scope of the search and the level of detail of the legal assessment requested. The scope of the service and the fee information can be set out before you proceed.

A positive search result does not mean that using or registering the mark is definitively without legal issues. The result should be assessed with its scope and any other existing rights in mind.

First, the sign to be filed and the goods or services to be protected are determined. The application is filed through TÜRKPATENT’s electronic filing system. The Office examines the application for formal requirements and absolute grounds for refusal. Applications found acceptable are published in the Official Trademark Bulletin. Once oppositions and other procedures are completed, the application moves on to registration.

The application requires the applicant’s identity or legal entity details, a specimen of the mark to be registered and a list of the goods or services for which the mark will be used. Additional information and documents may be requested depending on the application. Where the procedure is carried out by an attorney, a power of representation is required. At Kupon Patent, we review the necessary information and prepare your file.

The time needed to complete registration depends on the Office’s examination, whether the application has any deficiencies and whether third parties file oppositions. Applications that pass examination are published in the Official Trademark Bulletin. Oppositions may be filed within two months from the publication date. Oppositions or deficiencies can extend the overall time. We follow each stage of your application and keep you informed of developments.

No. You do not need to own a company to file a trademark application. Natural persons can also apply. Legal entities, that is companies and other relevant organisations, can also be applicants. The conditions set out in the law for persons and organisations entitled to apply must be met. Who will own the trademark should be decided with the structure of the business and future use plans in mind.

Yes. The name and logo elements can be filed together in a single mark specimen. Separate applications can also be filed for the word element alone or the figurative element alone. The scope of the application is assessed according to the specimen filed and the goods or services selected. Depending on how your business uses its brand, we consider options for protecting a word mark, a figurative mark or both together.

In Türkiye, a registered trademark is protected for ten years from the filing date. This term can be extended for further periods of ten years by completing the required renewal procedures. Renewal must be carried out within the legal time limits. Keeping track of protection terms is important for trademark owners to avoid the risk of losing their rights. At Kupon Patent, we also support trademark renewals and portfolio tracking.

A trademark application may be refused in whole or in part on the grounds for refusal set out in the law. The reasons for the refusal decision are examined and the appropriate legal route is assessed. Persons adversely affected by the Office’s decisions may file a reasoned appeal within two months from notification of the decision. The scope of the appeal and the arguments to be submitted should be prepared according to the ground for refusal. At Kupon Patent, we support you in assessing the decision and throughout the appeal process.

A trademark registered in Türkiye does not, on its own, provide protection in other countries. Businesses seeking protection abroad can consider national or regional filing routes in their target countries. The Madrid System makes it possible, under certain conditions, to request international registration in several countries. Protection, however, depends on the assessment of each country concerned. We review filing options according to your export goals.

Under the Industrial Property Law No. 6769 (SMK), a mark that has not been genuinely used in Türkiye without a valid reason within five years from the registration date, or whose use has been suspended for an uninterrupted period of five years, may be revoked. Use of the mark with different elements that do not alter its distinctive character, use solely for export purposes, and use by another person with the owner’s consent also count as use.

Since 10 January 2024, revocation requests for non-use have been filed with the Turkish Patent and Trademark Office (TÜRKPATENT). Before that date, the courts had jurisdiction over revocation; cases pending on that date are concluded by the courts. The request may be filed by interested parties with a legitimate interest in the revocation of the mark. It is directed against the person recorded in the register as the trademark owner or their legal successors.

If your application has been opposed on the ground of similarity to an earlier mark, and that mark had been registered for at least five years on the filing date of your application, you can ask the opponent to prove use of their mark. If the opponent cannot prove that they genuinely used the mark in Türkiye during the five years preceding your application, or that they had a valid reason for non-use, the opposition is rejected.

The strongest evidence is usually invoices, as they show the date, quantity and goods or services. Catalogues, price lists, product and packaging images, photographs of signage, and advertising and trade fair records support the invoices. According to TÜRKPATENT’s guidelines, the evidence should clearly show the nature, place, time and extent of use. General statements remain weak unless supported by concrete documents.

If genuine use of the mark begins after the five-year period has expired but before the revocation request is filed, the request is rejected. However, if use was started in anticipation of a revocation request, use within the three months preceding the request is disregarded. It is therefore important to carry out the investigation quickly and not to make the request known unnecessarily. We plan the timing according to your case.

Yes. If the mark is used only for some of the goods or services for which it is registered, revocation may be limited to the unused goods or services. This is called partial revocation. A revocation decision cannot be issued in a way that alters the mark as registered. In our investigation, we assess use separately for each good and service in order to define the scope of the request correctly.

The revocation request is served on the trademark owner. The owner submits their evidence and response to TÜRKPATENT within one month; upon request within this period, the Office grants an additional period of up to one month. The Office may request additional information and documents if it deems necessary. The decision is made on the file, based on the claims, the defence and the evidence. We also support trademark owners in compiling their evidence.

As a rule, a revocation decision takes effect from the date the revocation request was filed with TÜRKPATENT. Upon request, if it is accepted that the ground for revocation arose at an earlier date, it may be decided that the decision takes effect from that date. A final revocation decision is effective against everyone; the mark is removed from the register and this is published in the Bulletin.

Trademark value is not calculated with a single formula. Depending on the purpose of the valuation, the income, market or cost approach is used. A method frequently used in practice is relief from royalty: an appropriate licence rate is applied to the brand’s future sales and the resulting amounts are discounted to present value. The result depends on the sales forecasts, the chosen rate and the risk assumptions. That is why we show every assumption, with its reasoning, in the report.

A trademark valuation is generally needed when the mark is about to change hands or a right is to be created over it. The main cases are the sale or assignment of the mark, a licence agreement, a company merger or acquisition, and pledging the mark or providing it as security. Accounting entries, tax and internal planning, and calculating damages in trademark disputes may also require a valuation. The purpose directly affects the method to be used.

Yes. Under the Industrial Property Law No. 6769 (SMK), a trademark can be assigned independently of the business. The assignment may cover all or some of the goods and services for which the mark is registered. For the assignment agreement to be valid, it must be made in writing and notarised. Recording the assignment in the TÜRKPATENT (Turkish Patent and Trademark Office) register is also important; rights arising from transactions not recorded in the register cannot be asserted against third parties acting in good faith.

Yes. The Industrial Property Law expressly provides that industrial property rights may be pledged and provided as security. These transactions must be in writing and are recorded in the TÜRKPATENT register at the request of one of the parties. If they are not recorded, rights arising from the transaction cannot be asserted against third parties acting in good faith. In security arrangements, the value and legal status of the mark are usually examined together.

A trademark may be licensed for all or some of the goods and services for which it is registered. The licence may be exclusive, meaning granted to a single licensee only, or non-exclusive. The licence fee varies according to scope, term, territory, exclusivity and the brand’s market strength. By reviewing royalty rates in comparable licence transactions and the brand’s revenue potential, we prepare a basis you can use in negotiations.

When your mark is used without permission, lost profits can be calculated using one of the methods set out in the law. One of these is the licence fee the infringer would have had to pay had they used the mark under a licence agreement. The calculation takes into account factors such as the economic importance of the mark, the number, term and type of licences, and the nature of the infringement. At this point, a trademark valuation can strengthen the basis of the claim.

Yes, it can. The provisions of the law on legal transactions such as assignment, licensing and pledge also apply to trademark applications. However, a mark whose registration process is not complete faces the possibility of opposition or refusal. This uncertainty is a risk factor that directly affects value. In the valuation, we review the stage of the application, any oppositions and similar marks, and show this risk clearly in the report.

No. A trademark valuation report is an expert opinion prepared for a specific date and purpose. The result relies on the data used, the method chosen and the assumptions. When market conditions change, the value may change too. The transaction price is set by the parties, and in disputes by the court. In some transactions the report may need to be prepared by certain authorised persons; we assess this need with you from the outset.

Trademark watching is the regular monitoring of new applications published in the Official Trademark Bulletin by comparing them with your mark. TÜRKPATENT mostly examines relative grounds for refusal, such as likelihood of confusion with earlier marks, not on its own initiative but upon opposition. It is therefore up to the trademark owner to notice a similar application and oppose it in time. At Kupon Patent we carry out this monitoring on your behalf.

The Official Trademark Bulletin is the official publication announcing trademark applications that have passed examination on formal requirements and absolute grounds for refusal. It is published electronically by TÜRKPATENT and can be accessed on the Office’s website. The Bulletin is published twice a month, in 24 issues per year. Our watching service screens every new issue.

An opposition against a trademark application published in the Bulletin can be filed within two months from the publication date. The opposition is filed with the Office in writing and with reasons. If the reasons are not submitted within this period, the opposition is deemed not to have been filed. The official opposition fee must also be paid within the same period and the payment notified to the Office. Because the period is short, it is important to detect similar applications early.

The law provides that oppositions against publication may be filed by interested parties. In oppositions based on similarity and likelihood of confusion, this is usually the owner of an earlier mark or right. Apart from that, anyone may submit observations to the Office that the application cannot be registered on absolute grounds for refusal; however, the person submitting observations does not become a party to the proceedings.

Two elements are considered together: whether the signs are identical or similar, and whether the goods and services covered are identical or similar. If these similarities create a likelihood of confusion, including the likelihood that the public will associate the two marks, the application is refused upon opposition. Spelling, pronunciation, meaning and visual impression are decisive in this assessment. We prepare our reports according to these criteria.

Well-known marks enjoy broader protection under the law. Where, because of the reputation a mark has reached in Türkiye, an application could take unfair advantage of it, harm its reputation or impair its distinctiveness, oppositions can also be filed against applications for different goods and services. For this reason, when watching well-known marks we cover applications in other classes too, not only your own class.

Once the two-month opposition period has passed, the route of opposing the publication is closed and the application may proceed to registration. In that case, interested parties may ask the court to invalidate the mark if the conditions in the law are met. However, court proceedings take longer and cost more than an opposition. In addition, a trademark owner who has knowingly tolerated the use of a later mark for five years generally cannot request invalidation.

Yes. The watch scope can be extended according to the countries where your mark is protected or where you do business. International applications filed through the Madrid System are published by WIPO. European Union trademark applications are announced by EUIPO. Since each country’s opposition period and procedure may differ, we determine the deadlines for watching abroad separately according to the rules of the country concerned.

A good brand name starts with understanding your business. First we clarify your field of activity, your target audience and the impression you want the brand to give. Then we generate name candidates using different approaches. We assess each candidate against the grounds for refusal in the SMK, screen for similar marks, and present the names that remain to you together with a class plan. You make the final choice.

It is often difficult. Under SMK Art. 5, signs consisting solely or essentially of expressions indicating the kind, quality, quantity, intended purpose, value or geographical origin of the goods are not registered. If such a name has acquired distinctiveness through use before the application, it cannot be refused on this ground; proving this, however, is a separate matter. This is why we propose more original names from the start.

Distinctiveness is a mark’s ability to distinguish your goods or services from those of other businesses. SMK Art. 4 treats this as the basic requirement of a trademark, and Art. 5 states that signs lacking distinctive character are not registered. Invented words and names with no direct connection to the product are usually stronger. Names that merely describe the product remain weak.

It depends. Names identical to, or so similar as to be indistinguishable from, a mark registered or applied for earlier for identical or same-type goods are refused during TÜRKPATENT’s examination. Similar names that carry a likelihood of confusion may be refused upon opposition by the earlier mark owner. An opposition is filed within two months from publication of the application in the Bulletin. This is why we screen candidates in advance.

No, no adviser can say this with certainty. TÜRKPATENT makes the registration decision, and third parties may also file oppositions after publication. Our job is to make known risks visible before filing. We eliminate candidates that look weak in terms of grounds for refusal and similar records, and present the remaining candidates to you with reasoned notes. This allows you to make a more informed decision.

No. Under the SMK, trademark protection is obtained through registration. Acquiring a domain name or username does not give you a trademark right. Conversely, using a name identical or similar to a registered trademark as a domain name in a way that has a commercial effect online may infringe that trademark right. We therefore recommend checking the availability of domain and account names for your candidates and planning registration separately.

Yes. SMK Art. 4 lists personal names among the signs that can constitute a trademark. However, like any other sign, the name must be distinctive and must not conflict with earlier marks. An application containing another person’s name may be refused upon opposition by the right holder. Since common surnames may carry a higher risk of similar records, we particularly recommend a preliminary search.

A trademark is protected for the goods and services selected in the application. These are determined according to the international classification based on the Nice Agreement. In the similarity examination, the identity or similarity of the goods and services is taken into account alongside the names. A name may therefore be unproblematic in one class but risky in another. We prepare a class plan taking into account both your current business and your growth plans.

An application published in the Official Trademark Bulletin can be opposed within two months from the publication date. The grounds of opposition and confirmation that the official fee has been paid must also be submitted to the Office within this period. If the grounds are not submitted in time, the opposition is deemed not to have been filed. After the period has passed, longer and more costly routes, such as an invalidation action, may come into play for the same purpose.

The law states that oppositions may be filed by interested parties. Oppositions based on relative grounds for refusal, such as similarity, reputation, trade names or copyright, are usually filed by the owner of the earlier right. Absolute grounds for refusal, such as descriptive or misleading signs, may also be the subject of an opposition. We determine which right to rely on and in whose name to file the opposition according to your file.

The most common ground is similarity to an earlier mark and the resulting likelihood of confusion. In addition, taking unfair advantage of the reputation of a well-known mark, an earlier unregistered sign used in trade, another person’s name, trade name or copyright, and a bad-faith application may also be grounds for opposition. Supporting the grounds with evidence is decisive in how the opposition is assessed.

If the opponent relies on a mark that has been registered for at least five years, the applicant may request proof that the mark has been put to genuine use in Türkiye during the last five years. If the opponent cannot prove use, or a proper reason for non-use, the opposition is rejected. If use is proven only for some of the goods or services, the examination is limited to those.

YİDK is the Re-examination and Evaluation Board within TÜRKPATENT. A party adversely affected by a decision, such as the refusal of an application or the rejection of an opposition, files a written, reasoned appeal within two months from notification of the decision. The grounds must be submitted within this period; no new grounds can be added once it has passed. At the end of its examination, the Board issues the Office’s final decision.

Yes. An action for annulment can be brought against the Office’s final decision. The competent court is the Ankara Intellectual and Industrial Property Rights Civil Court. In practice, the action is filed within two months from notification of the decision. Before you decide to go to court, we review the YİDK reasoning, the state of the evidence and the strengths of the file together with you.

If the examination shows that the application cannot be registered for some goods or services, the application is refused to that extent; if it is found unsuitable for all of them, it is refused in full. Otherwise, the opposition is rejected and the application proceeds. The parties may also settle with the Office’s encouragement. After the decision, the YİDK appeal and court action routes remain open to both parties.

A registered trademark is protected for ten years from the filing date and is renewed for successive ten-year periods. The renewal request is filed within the six months before the protection period expires, and confirmation that the renewal fee has been paid is submitted to the Office within the same period. The renewal takes effect from the day after the previous period ends. We enter these dates in the calendar in advance for every mark in your portfolio.

If the normal renewal period has been missed, a renewal request can be filed within six months from the date the protection period ended, on payment of an additional fee. If this grace period also passes, protection of the mark ends. Protecting the same sign again may require a new application, which is subject to examination and opposition procedures from the beginning. For this reason, in portfolio tracking we aim to start the procedure before the grace period is needed.

A trademark can be assigned for all or some of the goods or services for which it is registered. The assignment agreement must be in writing and notarised; otherwise it is not valid. The assignment is recorded in the register at the request of either party and published in the Bulletin. Rights arising from a transaction not recorded in the register cannot be asserted against third parties acting in good faith. We assist with preparing the assignment documents and with the recordal request.

A trademark may be the subject of a licence agreement for all or some of the goods or services covered by the registration. Unless the agreement states otherwise, the licence is non-exclusive, meaning the owner may also grant licences to others. The licence is made in writing and recorded in the register at the request of either party. Rights arising from an unrecorded licence cannot be asserted against third parties acting in good faith; for collective marks, a licence is valid only once recorded in the register.

When the right holder’s name or legal form changes, the register is updated by submitting a request form together with the Turkish Trade Registry Gazette details or document showing the change. A change of address is also recorded with a request form. This entry applies to all applications and registrations recorded in the right holder’s name. Outdated register details may mean that Office correspondence and deadline notices do not reach you.

Yes. A mark that has not been put to genuine use in Türkiye within five years of registration without a proper reason, or whose use has been suspended for an uninterrupted period of five years, may be revoked upon request. Since 10 January 2024 this decision has been made by TÜRKPATENT. Use of the mark solely for export and use with the owner’s consent also count as use. In the portfolio report we separately flag the status of evidence of use.

Yes. A mark can also be renewed for part of the goods or services covered by the registration. A partial renewal request states the class numbers of the goods or services to be renewed; if other right holders are recorded in the register, their declaration of consent is also required. A duly filed request is recorded in the register and published in the Bulletin. We assess together, based on your activities, which classes should remain protected.

Yes. International registrations obtained through the Madrid System, European Union trademarks and national registrations in individual countries are also added to your portfolio list. Each system has different renewal dates and recordal procedures; for example, Madrid registrations are renewed through WIPO. We show these differences in a single calendar and, where needed, carry out procedures abroad together with authorised attorneys in the country concerned.

Trademark infringement is the commercial use of a registered trademark, or of a sign similar enough to be confused with it, without the trademark owner’s permission. Use for identical or similar goods and services, selling, importing or stocking counterfeit products, and exceeding licence limits all fall within this scope. Using the sign as a domain name, keyword or trade name may also constitute infringement.

Trademark protection under the Industrial Property Law is obtained through registration. The trademark must also be registered in Türkiye to pursue the criminal route. For unregistered signs, the situation may be assessed case by case, for example under the unfair competition provisions of the Turkish Commercial Code. In such a case, we both examine the existing use and recommend filing a registration application for your trademark without delay.

A cease-and-desist letter is a common way to notify the other party of the infringement and request that the use stop. Many disputes can end at this stage; however, it may not be suitable in every case. For example, if there is a risk that evidence will be destroyed, evidence preservation or an interim injunction may be considered first. The steps required before a lawsuit vary with the type of claim; we plan them together in cooperation with a lawyer.

Claims for compensation are subject to the limitation provisions of the Turkish Code of Obligations: the general rule is two years from learning of the damage and the person responsible, and in any event ten years from the act. If the act constitutes a criminal offence and the criminal limitation period is longer, that period may apply. In the criminal route, the complaint must be filed within six months of learning of the act and the offender. Because the starting point of these periods may be disputed depending on the case, acting early is important.

A person entitled to bring an action may request an interim injunction from the court by proving that the infringing use is continuing in Türkiye or that serious and effective preparations are being made for it. The injunction may include measures such as preventing and stopping the infringement, seizing counterfeit products and security. The decision is made by the court. Since the strength of the request depends largely on the evidence, we prepare the evidence file with care.

Damage covers actual loss and loss of profit. Loss of profit is calculated by one of three methods, at the right holder’s choice: the probable income that would have been earned without the infringement, the net profit made by the infringer, or the licence fee that would have been paid under a lawful licence. If the reputation of the trademark has been harmed, additional compensation may be claimed. The amount is determined by the court; the method to be chosen should be assessed in light of the evidence.

Unauthorised use of a trademark on the internet as a domain name, routing code or keyword in a way that creates a commercial effect is listed in the law among the forms of infringement. For marketplace listings and social media accounts, we first record evidence with screenshots, links and dates. We then assess with you the platform’s rights infringement reporting procedures, a cease-and-desist letter or court action.

We first examine the registration scope and date of the trademark on which the claim is based. Having your own registration is not, on its own, a defence against an earlier right. If the other party has not genuinely used its trademark for five years, this may be raised as a defence in the lawsuit. If necessary, an action for a declaration that your use does not constitute infringement may also be assessed in cooperation with a lawyer.