TurkPatent carries out the following steps for registration:
- ex-officio examination (1-6 months)
- publication (2 months)
- examination of oppositions and appeals
- granting registration (2 months)
TurkPatent examines the trademark application in terms of the existence of prior similar trademark(s) as well as other absolute grounds of refusal as cited in Article 5 of the IP Code No. 6769.
If the trademark is refused due to the existence of a prior similar trademark(s), the applicant has the right to obtain a notarized and apostilled LoC from the owner(s) of the prior trademark(s). In case the LoC is obtained and filed until the decision on the appeal is given, then the reason for the refusal will be deemed to be invalid, and the trademark will proceed to publication.
If an opposition is filed against a trademark application, the applicant may request the opponent to prove use of the trademark(s) for the goods and services used as a grounds to opposition on the condition that those trademarks were registered for more than five years starting from the application/priority date. If the opponent can prove the use, then the opposition will be accepted. If the opponent cannot prove the use, then the opposition will be rejected for those goods/services.
If no opposition is filed by third parties or the opposition of a third party is rejected partially or totally by the Department of Re-examination and Evaluation, the registration certificate of the trademark is issued.
The protection term for a registered trademark is ten years from the date of application. This term shall be renewed for periods of ten years.
Request for renewal needs to be made by the trademark proprietor within six months before the expiry of the protection date. In case no request is made to the TurkPatent within this period, a renewal request may be made within six months after the expiry of the protection date, provided that an additional fee is paid.