INDUSTRIAL PROPERTY LAW NO. 6769
INDUSTRIAL PROPERTY CODE NO. 6769
REGULATION ON THE IMPLEMENTATION OF THE INDUSTRIAL PROPERTY CODE
TRADEMARK
Purpose and scope
Article 1- (1) The purpose of this Code is to protect the rights pertaining to trademarks, geographical indications, designs, patents, utility models, and traditional product names, and thereby to contribute to the realization of technological, economic, and social progress.
(2) This Code covers applications for trademarks, geographical indications, designs, patents, utility models, and traditional product names, registration and post-registration procedures, and legal and penal sanctions regarding the infringement of these rights.
Article 2- (1) For the purposes of this Code;
a) Emblem: The sign created by the Institution, which indicates that geographical indications and traditional product names have been registered in accordance with the provisions of this Code; which is used on the product or its packaging together with the name under which it is registered; or which is applied by the authorized users in a manner that can be easily seen in cases where it cannot be used on the product itself or its packaging due to its nature; and the use of which is mandatory in terms of geographical indications,
b) Plant variety: Any plant grouping within a single botanical taxon of the lowest known rank, which can be defined by the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other plant grouping by the expression of at least one of said characteristics, and considered as a unit with regard to its suitability for being propagated unchanged,
c) Biological material: Any material containing genetic information and capable of reproducing itself or being reproduced in a biological system,
ç) Bulletin: The relevant publication in which the matters specified in this Code are published, regardless of the type of publication medium,
d) Employee: Persons who are in the service of another person pursuant to a private law contract or a similar legal relationship and who are obliged to perform this service against the employer in a relationship of personal dependency regarding a specific task assigned by the employer, as well as public officials,
e) Institution: The Turkish Patent and Trademark Office,
f) Board: The Board within the Re-examination and Evaluation Department,
g) Trademark attorney: Persons who represent right holders before the Institution in matters concerning trademarks, designs, geographical indications, and traditional product names,
ğ) Paris Convention: The Convention of 20/3/1883 for the Protection of Industrial Property, approved by the Council of Ministers' Decision dated 8/8/1975 and numbered 7/10464, and the amendments to this Convention duly put into effect by the Republic of Turkey,
h) Patent attorney: Persons who represent right holders before the Institution in matters concerning patent, utility model, and design rights,
ı) Industrial property right: Trademarks, geographical indications, designs, patents, and utility models,
i) Register: The recording medium containing information regarding industrial property rights and traditional product names,
j) Fee: The fee determined by the Institution in accordance with the provisions of the relevant legislation regarding the services within the scope of this Code, including taxes and duties, if any,
refers to the following meanings.
Persons entitled to protection
ARTICLE 3- (1) Protection provided by this Code shall be enjoyed by;
a) Citizens of the Republic of Turkey,
b) Natural or legal persons who have a domicile or who have industrial or commercial activities within the borders of the Republic of Turkey,
c) Persons who have the right to apply within the scope of the provisions of the Paris Convention or the Agreement Establishing the World Trade Organization dated 15/4/1994,
ç) Persons who are nationals of states that provide industrial property right protection to citizens of the Republic of Turkey in accordance with the principle of reciprocity.
Signs of which a trademark may consist
Article 4- (1) A trademark may consist of any signs, including personal names, words, designs, colors, letters, numbers, sounds, and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and are capable of being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
WHAT IS A TRADEMARK?
IT IS ANY SIGN, INCLUDING PERSONAL NAMES, PARTICULARLY WORDS, DESIGNS, LETTERS, NUMBERS, SOUNDS, OR THE SHAPE OF GOODS OR THEIR PACKAGING,
PROVIDED THAT IT ENABLES THE GOODS OR SERVICES OF AN UNDERTAKING TO BE DISTINGUISHED FROM THE GOODS OR SERVICES OF OTHER UNDERTAKINGS,
AND IS CAPABLE OF BEING REPRESENTED ON THE REGISTER IN A MANNER THAT ALLOWS THE PROTECTION AFFORDED TO THE TRADEMARK OWNER TO BE UNDERSTOOD CLEARLY AND PRECISELY.
Sound Trademark (A sound recording must be provided, and it must be transcribed into musical notation.) – Scent Trademark (Condition of being definable) – Three-Dimensional Trademark
Absolute grounds for refusal in trademark registration
Article 5- (1) The following signs shall not be registered as trademarks:
a) Signs that cannot be a trademark within the scope of Article 4. (Signs lacking inherent distinctiveness)
b) Signs devoid of any distinctive character. (Signs lacking acquired distinctiveness)
c) Signs which consist exclusively or essentially of signs or indications which serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services.
ç) Signs which are identical or confusingly similar to a trademark registered or filed for registration at an earlier date for identical or similar goods or services.
d) Signs which consist exclusively or essentially of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade.
e) Signs which consist exclusively of the shape, or another characteristic, which results from the nature of the goods themselves, or the shape, or another characteristic, which is necessary to obtain a technical result, or the shape, or another characteristic, which gives substantial value to the goods.
f) Signs which are of such a nature as to deceive the public, for instance as to the nature, quality, or geographical origin of the goods or service.
g) Signs that shall be refused pursuant to Article 6ter of the Paris Convention.
ğ) Signs containing armorial bearings, emblems, or hallmarks other than those covered by Article 6ter of the Paris Convention which are of particular public interest, signs that have become public property in terms of historical and cultural values, as well as signs containing armorial bearings, emblems, or denominations for which permission for registration has not been granted by the competent authorities.
h) Signs containing religious values or symbols.
ı) Signs contrary to public policy or to accepted principles of morality.
i) Signs which consist of or contain a registered geographical indication.
(2) If a trademark has been used before the application date and has acquired distinctive character as a result of such use for the goods or services subject to the application, the registration of this trademark cannot be refused pursuant to paragraphs (1)(b), (c), and (d).
(3) A trademark application shall not be refused pursuant to paragraph (1)(ç) if a notarized document is submitted to the Institution showing that the owner of the earlier trademark has explicitly consented to the registration of the application. The procedures and principles regarding the letter of consent shall be determined by regulation.
SITUATIONS AND TRADEMARK EXAMPLES THAT MAY BE SUBJECT TO THE ISSUANCE OF A LETTER OF CONSENT
GROUP COMPANIES
SIBLINGS
HOLDING COMPANIES
EXAMPLES OF TRADEMARKS THAT MAY BE SUBJECT TO THE ISSUANCE OF A LETTER OF CONSENT; FOR SOME OF THE GOODS IN THE SAME SUB-CLASS FOR IDENTICAL OR VERY SIMILAR TRADEMARKS.
Letter of consent
ARTICLE 10 – (1) It is mandatory for the letter of consent to be submitted within the scope of the third paragraph of Article 5 of the Code to be prepared in the form of a signed form deemed valid by the Institution, including the following elements, and to be approved by a notary:
a) Identity and contact information of the applicant or applicants to whom consent is given.
b) The trademark example subject to consent if the consent form is submitted at the application stage; the application number subject to consent if submitted at the decision appeal stage.
c) Identity and contact information of the applicant or trademark owner or owners providing consent, and the application or registration numbers of the earlier-dated applications or trademarks subject to consent.
ç) The goods or services for which consent is given and their class numbers.
d) If the consent form is signed by an attorney on behalf of the applicant or trademark owner, a notarized power of attorney containing the authority to consent or a notarized copy of said power of attorney.
(2) If the consent form does not contain the elements specified in the first paragraph, the applicant is granted a two-month period to remedy the said deficiencies. If the said deficiencies are not remedied within the period, the request shall be deemed not to have been made.
(3) The consent form may be submitted to the Institution together with the application form or, in case of an appeal against a decision, until a decision is made regarding the appeal. If a letter of consent is not submitted to the Institution despite a request for consent, no notification of deficiency is made, and the request shall be deemed not to have been made.
(4) If there are exclusive licensees recorded in the Register, their written consent must also be submitted.
(5) Consent must be unconditional and irrevocable. Once the letter of consent is submitted to the Institution, the consent given cannot be withdrawn.
(6) It is mandatory to submit a separate consent form for each trademark application.
Relative grounds for refusal in trademark registration
ARTICLE 6- (1) Upon opposition, a trademark application shall be refused if there exists a likelihood of confusion on the part of the public, including the likelihood of association with an earlier trademark, due to the identity or similarity of the trademark applied for with an earlier trademark and the identity or similarity of the goods or services covered.
(2) An application filed by a commercial agent or representative in their own name without the trademark owner's permission and without a justifiable reason for an identical or confusingly similar trademark shall be refused upon the opposition of the trademark owner.
(3) If rights have been acquired for an unregistered trademark or another sign used in the course of trade prior to the application date or the priority date, if any, the trademark application shall be refused upon the opposition of the owner of this sign.
(4) Trademark applications that are identical or similar to well-known trademarks within the meaning of Article 6bis of the Paris Convention shall be refused upon opposition for identical or similar goods or services.
(5) Where a registered or earlier-filed trademark has a reputation in Turkey and where the use of the trademark applied for without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trademark, the application for an identical or similar trademark shall be refused upon the opposition of the owner of the earlier trademark, regardless of whether the goods or services applied for are identical, similar, or different.
(6) If the trademark applied for contains the personal name, trade name, photograph, copyright, or any intellectual property right of another person, the application shall be refused upon the opposition of the right holder.
(7) An application for a trademark which is identical or similar to a collective or guarantee trademark and which includes identical or similar goods or services, filed within three years from the expiration of the protection period of the collective or guarantee trademark due to non-renewal, shall be refused upon the opposition of the previous right holder.
(8) An application for a trademark which is identical or similar to a registered trademark and which includes identical or similar goods or services, filed within two years from the expiration of the protection period of this trademark due to non-renewal, shall be refused upon the opposition of the previous trademark owner, provided that the trademark has been used within this two-year period.
(9) Trademark applications filed in bad faith shall be refused upon opposition.
Paris Convention Article 6bis
Well-Known Trademarks:
“The countries of the Union undertake, either administratively if their legislation so permits, or at the request of an interested party, to refuse or to invalidate the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration to be well-known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods.” According to the Paris Convention, it is stated that there are two conditions for a trademark to be accepted as well-known and to benefit from Article 6bis. The first is that it is known by everyone in the country where protection is requested that a person entitled to the benefits of the Paris Convention owns that trademark; the second is that the goods on which the trademark registered in the relevant country is used are identical or similar to those of the person claiming the right. If there is no such reputation, the trademark registered in the relevant country will not be registered in the relevant country and will not be able to benefit from Article 6bis, even if it is identical to the trademark for which registration is requested.
Scope of rights derived from trademark registration and exceptions
Article 7- (1) Trademark protection provided by this Code is obtained through registration.
(2) Rights derived from trademark registration belong exclusively to the trademark owner. The trademark owner has the right to request the prevention of the following acts if performed without permission:
a) Use of any sign identical to the registered trademark in relation to goods or services which are identical to those for which the trademark is registered.
b) Use of any sign where, because of its identity with, or similarity to, the registered trademark and the identity or similarity of the goods or services covered by the registered trademark and the sign, there exists a likelihood of confusion on the part of the public, including the likelihood of association between the sign and the trademark.
c) Use of any sign which is identical or similar to the registered trademark, regardless of whether it is for identical, similar, or different goods or services, where such use without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the registered trademark due to the level of reputation it has reached in Turkey.
(3) The following situations may be prohibited pursuant to the provisions of the second paragraph if the sign is used in the course of trade:
a) Affixing the sign to the goods or to the packaging thereof.
b) Offering the goods, putting them on the market, or stocking them for these purposes under the sign, or offering or supplying services thereunder.
c) Importing or exporting the goods under the sign.
ç) Using the sign on business papers and in advertising.
d) Using the sign as a domain name, routing code, keyword, or similar forms in an internet environment in a way that creates a commercial effect, provided that the person using the sign has no right or legitimate connection regarding the use of the sign.
e) Using the sign as a trade name or business name.
f) Using the sign in comparative advertising in a manner contrary to law.
(4) Rights provided to the trademark owner are effective against third parties as of the publication date of the trademark registration. However, the applicant is entitled to file a lawsuit for damages due to acts that could be prohibited if the trademark registration were announced, provided that the acts occur after the publication of the trademark application in the Bulletin. The court cannot decide on the validity of the allegations until the registration is published.
(5) The trademark owner cannot prevent third parties from using their trademark in the following ways, provided such use is in accordance with honest practices in industrial or commercial matters:
a) Indication of their own name or address by natural persons.
b) Making indications concerning the kind, quality, quantity, intended purpose, value, geographical origin, or time of production of the goods or of rendering of the service, or other characteristics of the goods or services.
c) Using the trademark where it is necessary to indicate the intended purpose of a product or service, in particular as accessories, spare parts, or equivalent parts.
Inclusion of the trademark in reference works
ARTICLE 8- (1) If a registered trademark is published in a dictionary, encyclopedia, or other reference work, in printed or electronic form, in a way that gives the impression that it is a generic name without indicating that it is registered, the publisher, upon the request of the trademark owner, shall immediately correct the error in works provided in electronic form, or in the first edition following the request in printed works, by indicating that the trademark is registered, or shall remove the trademark from the work.
Use of the trademark
Article 9- (1) If, within five years following the date of registration, the trademark has not been put to genuine use in Turkey by the trademark owner in connection with the goods or services for which it is registered without a justifiable reason, or if such use has been suspended for an uninterrupted period of five years, the trademark shall be revoked.
(2) The following shall also be considered use of the trademark within the meaning of the first paragraph:
a) Use of the trademark with elements differing in respects which do not alter the distinctive character of the trademark.
b) Use of the trademark on goods or on the packaging of goods solely for export purposes.
(3) Use of the trademark with the consent of the trademark owner shall also be deemed as use by the trademark owner.
Claims regarding trademarks registered in the name of a commercial agent or representative
Article 10- (1) If an identical or confusingly similar trademark is registered in the name of a commercial agent or representative without the trademark owner's permission, the trademark owner may request the court to prohibit the use of the trademark or may request the assignment of the said registration to them, unless the commercial agent or representative has a justifiable reason.
Application requirements, classification, and division
Article 11- (1) A trademark application includes;
a) The application form containing information regarding the applicant's identity,
b) The trademark example,
c) The list of goods or services subject to the application,
ç) Information showing that the application fee has been paid,
d) The technical specification prepared within the scope of Article 32 if the application is for a collective or guarantee trademark,
e) Information showing that the priority claim fee has been paid if there is a priority claim,
f) If letters or characters other than the Latin alphabet are used in the trademark example, their equivalents in the Latin alphabet.
(2) Only one trademark can be requested for registration with each application.
(3) Goods or services subject to the application shall be classified according to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, to which we decided to accede by the Council of Ministers Decree No. 95/7094 dated 12/7/1995. The Office may make necessary corrections to the classes to which the goods or services in the application belong and to the class numbers.
(4) The fact that goods or services are in the same classes does not constitute a presumption that they are similar, and the fact that they are in different classes does not constitute a presumption that they are not similar.
(5) A trademark application may be divided into two or more applications regarding the goods or services covered by the application, upon the request of the applicant, until it is registered.
(6) Spelling mistakes and obvious material errors that do not involve changes in the content, the trademark representation, or the list of goods or services in the trademark application shall be corrected upon the request of the applicant.
(7) Procedures and principles regarding application, classification, and division shall be determined by regulation.
Division
ARTICLE 17 – (1) A trademark application may be divided into two or more applications by the Office upon the request of the applicant, until the application is registered. Registered trademarks cannot be divided.
(2) It is mandatory to submit the following information and documents for division:
a) Request form.
b) Information indicating that the fee has been paid.
(3) As a result of the division process, the goods or services covered by the initial application may be distributed among the divided applications. A separate application number is assigned to each divided application. The divided applications that have received a new application number are independent of the initial application and other applications created through the division of the initial application, and each divided application continues to be processed separately. Divided applications retain the application date of the initial application and, if any, the priority right. Divided applications cannot be merged again.
(4) A division that occurs after the publication of the application is also published separately.
(5) The request for division of an application shall not be accepted in the following cases:
a) If the application for which division is requested is subject to an opposition to publication, and the goods or services subject to the opposition are included in different applications due to the division.
b) If the application for which division is requested is subject to a refusal decision by the Office, and the goods or services subject to the refusal are included in different applications due to the division.
c) The existence of justified reasons requiring the rejection of the division request.
Priority right and its effect
ARTICLE 12- (1) Natural or legal persons who are nationals of one of the states party to the Paris Convention or the Agreement Establishing the World Trade Organization, or who, despite not being nationals of one of these states, have a domicile or an effective and serious industrial or commercial establishment in one of them, or their successors, shall enjoy a priority right for filing an application in Turkey for the same trademark and the same goods or services within six months from the date of the first application filed in due form for the registration of the trademark with the competent authorities in any of these states, within the scope of the provisions of the Paris Convention. Priority rights not exercised within this period shall lapse. In order to benefit from the priority right, it is mandatory to obtain a priority certificate from the competent authority of the state where the first application was filed. (2) The natural or legal persons mentioned in the first paragraph or their successors shall enjoy a priority right within the framework of the principles specified in the first paragraph, based on a trademark application filed in due form in any state that is not a party to the Paris Convention and the Agreement Establishing the World Trade Organization.
(3) Natural or legal persons specified in Article 3 who exhibit the goods or services for which the trademark subject to the application will be used together with the trademark at national or international exhibitions held in Turkey or at official or officially recognized international exhibitions held in states party to the Paris Convention or the Agreement Establishing the World Trade Organization, and who present a certified representation of the trademark, shall enjoy a priority right for filing an application in Turkey for the registration of the same trademark within six months from the date of exhibition.
(4) If the goods or services for which the trademark specified in the application will be used were exhibited with the trademark in a visible manner at the exhibition before the official opening date, the priority period begins on the date the goods were placed at the exhibition or the service was exhibited.
(5) If multiple applications have been filed for goods or services exhibited at any exhibition, the person who first exhibited these goods or services, or if they were exhibited at the same time, the person who filed the first application, shall enjoy the priority right.
(6) If an application is filed based on a priority right, applications filed by third parties after the date on which the priority right arose, which cover the same or indistinguishably similar trademark and the same or the same type of goods or services as the trademark subject to the priority right, shall be refused.
Requesting the priority right and its effect
ARTICLE 13- (1) The applicant shall specify the priority right they wish to benefit from along with the application by paying the request fee. If the applicant does not submit the priority certificate within three months from the date of application, the request for priority right shall be deemed not to have been made.
(2) The effects and consequences of the priority right arise as of the dates specified in Article 12.
(3) In case more than one priority right is requested for a trademark application, the priority right begins as of the earliest valid priority date.
(4) Procedures and principles regarding the request for priority right shall be determined by regulation.
Requesting the priority right
ARTICLE 15 – (1) If the priority right requested in accordance with the provisions of Article 12 of the Law and Article 6 of this Regulation is found appropriate by the Office, information regarding the priority right shall be included in the trademark registration certificate and in the Register.
(2) In requests for priority right based on exhibition at national or international exhibitions held in Turkey, an exhibition priority certificate obtained from the competent authorities, clearly and completely showing the trademark used for the exhibited goods or services, containing photograph(s) of this trademark, and stating the official opening date of the exhibition and the date the goods were placed at the exhibition or the service was exhibited, and a certified representation of the trademark shall be submitted.
(3) In requests for priority right based on exhibition at international exhibitions held in states party to the Paris Convention or the Agreement Establishing the World Trade Organization, a document issued by the competent authorities holding the exhibition regarding the trademark used for the exhibited goods or services and containing the issues specified in the second paragraph, together with a certified representation of the trademark, shall be submitted.
(4) In the priority right request, the country, date, and number of the application from which the priority right arises shall be indicated.
(5) In case of more than one priority right request, a separate fee shall be paid for each priority right request.
Issuance of the priority certificate
ARTICLE 16 – (1) The priority certificate requested based on a trademark application filed in due form in Turkey shall be issued upon the request of the trademark owner, provided that information regarding the payment of the fee is submitted to the Office.
International trademark applications filed under the Madrid Protocol
Article 14- (1) An international application filed under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, to which we decided to accede by Council of Ministers Decree No. 97/9731 dated 5/8/1997, produces the same results as an application filed directly with the Office. This application is deemed to have been filed at the first hour and minute of the international application date. In case of multiple international applications with the same date, the application with the lower international registration number is deemed to have been filed first.
(2) An international application cannot be refused due to a trademark application or registered trademark that was filed with the Office at an earlier date, but on a date after the application or, if any, priority date of the international application. A later-dated trademark application shall be re-evaluated according to the provision of the first paragraph of Article 16, taking into account the earlier-dated international trademark application.
(3) Fees charged for transactions performed by the Office under the Madrid Protocol shall be determined by a communiqué.
Formal examination, correction of formal deficiencies, and application date
ARTICLE 15- (1) The Office shall examine the compliance of the application with Articles 3 and 11 in terms of form. If it is decided that there is no formal deficiency, the application is finalized as of the date, hour, and minute it was received. If there is a formal deficiency, the applicant is granted two months to correct the deficiency.
(2) In case there is a deficiency regarding subparagraphs (a), (b), (c), and (ç) of the first paragraph of Article 11, the application date is finalized as of the date, hour, and minute the deficiency is corrected. Deficiencies regarding subparagraphs (d), (e), and (f) of the first paragraph of Article 11 do not affect the finalization of the application date.
(3) An application for which deficiencies are not corrected within the specified time shall be removed from processing. However, if the application was made for goods or services covering more than one class and the fee deficiency regarding the classes is not corrected in time, the application shall be examined in terms of the class or classes covered by the paid fee. Failure to correct deficiencies regarding the priority right pursuant to subparagraph (e) of the first paragraph of Article 11 results in the loss of the priority right.
(4) Applications by natural or legal persons not falling within the scope of Article 3 shall be refused.
Examination of the application in terms of absolute grounds for refusal and publication
ARTICLE 16- (1) If the Office decides that the application has no formal deficiencies, it shall examine the application within the scope of Article 5. As a result of the examination, if it is concluded that the application cannot be registered for some or all of the goods or services covered by the application, the application shall be refused in terms of these goods or services.
(2) An application for which the application conditions have been fully met and which has not been refused according to the provisions of Article 15 and the first paragraph of this Article shall be published in the Bulletin.
(3) If it is decided after publication that the application should be refused according to the provisions of Article 15 and the first paragraph of this Article, this decision shall also be published separately in the Bulletin.
Observations of third parties
ARTICLE 17- (1) After the publication of the trademark application, anyone may submit their written and reasoned observations to the Office stating that the trademark application cannot be registered within the scope of the subparagraphs of the first paragraph of Article 5, excluding subparagraph (ç), until the registration of the trademark. However, these persons cannot be a party to the proceedings before the Office.
(2) The Office shall evaluate the observations and, if it concludes that the observations are valid, it shall refuse the trademark application in part or in whole.
Opposition to publication
ARTICLE 18- (1) Oppositions regarding the fact that a trademark application published in the Bulletin should not be registered according to Articles 5 or 6 shall be made by the relevant persons within two months from the publication of the trademark application.
(2) The opposition shall be made to the Office in writing and with reasoning. If the grounds for opposition are not submitted within the period specified in the first paragraph, the opposition shall be deemed not to have been made. It is mandatory to pay the fee within the opposition period and to submit information regarding the payment of the fee to the Office within the same period for the examination of the opposition.
Examination of opposition to publication
ARTICLE 19- (1) The Office shall request the applicant to submit their observations regarding the oppositions within the specified time. The Office may request the parties to submit additional information and documents if it deems necessary. If the observations or the requested additional information and documents are not submitted to the Office in due time, the opposition shall be evaluated within the scope of the available information and documents.
(2) In oppositions made within the scope of the first paragraph of Article 6, provided that the trademark forming the basis of the opposition has been registered in Turkey for at least five years as of the application or priority date of the application subject to opposition, the opponent shall be requested, upon the request of the applicant, to submit evidence that they have been genuinely using their trademark forming the basis of the opposition in Turkey for the goods or services for which the opposition is based, during the five-year period preceding the application or priority date of the application subject to opposition, or that there are legitimate reasons for non-use. If the opponent cannot prove these issues, the opposition shall be refused. If it is proven that the trademark forming the basis of the opposition has been used only for a portion of the goods or services covered by the registration, the opposition shall be examined based only on the goods or services for which use is proven.
(3) As a result of the examination, if it is concluded that the trademark cannot be registered for some or all of the goods or services covered by the application, the application shall be refused in terms of these goods or services. Otherwise, it shall be decided to refuse the opposition.
(4) The Office may encourage the parties to reach a settlement if it deems necessary. The provisions of the Law on Mediation in Civil Disputes No. 6325 dated 7/6/2012 shall apply to matters related to settlement.
(5) Procedures and principles regarding opposition to publication shall be determined by regulation.
Proof of use
ARTICLE 29 – (1) For the implementation of the second paragraph of Article 19 of the Law, the applicant must clearly and in writing notify the Office of their request for proof of use within the period in which they are required to submit their observations regarding the opposition to publication. Requests for proof of use that do not meet the specified conditions and are not made in due time shall be deemed not to have been made.
(2) The request for proof of use shall be made clearly, explicitly, and unconditionally. In this request, it is mandatory to clearly specify the registration numbers of the trademarks for which proof of use is requested. Otherwise, the request shall be deemed not to have been made.
(3) If the applicant makes a request, the Office shall grant the opponent a one-month period to submit evidence that they have been genuinely using their trademark forming the basis of the opposition in Turkey for the goods or services for which the opposition is based, during the five-year period preceding the application or priority date of the application subject to opposition, or that there are legitimate reasons for non-use. If evidence is not submitted by the opponent within the specified time or if the submitted evidence is not relevant to the opposition, and if there is no other ground for opposition or another trademark cited as the basis for opposition, the Office shall refuse the opposition.
(4) The Office shall grant the applicant a one-month period to submit their observations on the evidence submitted by the opponent, if it deems necessary. If the applicant submits their observations within this period, the opponent shall be granted a one-month period to submit their observations regarding this. If the applicant does not submit observations in due time, the Office shall evaluate the opposition within the scope of the available evidence.
(5) The applicant may withdraw the request for proof of use. In this case, the request shall be deemed not to have been made.
(6) The opponent may submit evidence that they have been genuinely using their trademark forming the basis of the opposition in Turkey for the goods and services for which the opposition is based, or that there are legitimate reasons for non-use, together with the opposition to publication form. If the request for proof of use is made by the applicant in due time, and if the evidence submitted at the time of opposition to publication is sufficient for proof of use, the opposition examination shall proceed without granting the opponent the one-month period envisaged in the third paragraph. If the submitted evidence is not deemed sufficient by the Office, the opponent shall be granted the period envisaged in the third paragraph to submit additional evidence.
Evidence to be submitted in cases of proof of use
ARTICLE 30 – (1) Evidence submitted within the scope of Article 29 must be clear, understandable, and reliable in a way that allows the parties to make an evaluation and form an opinion without the need for other information. The evidence submitted by the opponent must contain sufficient information regarding the nature, place, time, extent of use, and the manner of use of the trademark for the goods or services for which the trademark subject to opposition is registered.
(2) The evidence may include all kinds of supporting documents such as packaging, labels, price lists, catalogs, invoices, photographs, and newspaper advertisements. In this case, the parts within the documents that prove the use of the trademark subject to opposition must be clearly indicated by marking them.
(3) The evidence shall be submitted in writing along with a detailed list of evidence clearly indicating which evidence proves which fact. If it is requested to examine product samples as evidence, instead of the samples of the products in question, detailed photographs with sufficient resolution, including color characteristics, shall be submitted.
(4) Except for those requested by the Office, evidence cannot be submitted after the expiration of the periods provided within the scope of Article 29, and submitted evidence shall not be taken into account by the Office. If the evidence is in a foreign language, the Office may grant a two-month period for the submission of a certified Turkish translation of all or part of the evidence in question by a sworn translator. If the translations are not submitted in due time, the evidence in question shall not be taken into account in the opposition examination.
(5) The responsibility for submitting evidence in a timely, sequential, and orderly manner lies with the parties. For evidence whose nature, content, and connection with the trademark subject to opposition are not clearly understood, is illegible, is not sorted in an orderly manner, is not submitted as a list, and is not linked to the claims, a one-month period shall be granted by the Office for the correction of said deficiencies. If the deficiencies are not corrected within this period, the evidence in question shall not be taken into account in the opposition examination.
(6) The provisions of this article shall apply to the evidence to be submitted in oppositions to publication and decisions, to the extent appropriate to their nature.
Opposition to decision
ARTICLE 20- (1) Parties adversely affected by the decisions taken by the Office within the scope of this Book may file an opposition against the decisions before the Office.
(2) The opposition shall be made to the Office in writing and with reasoning within two months from the date of notification of the decision. If the grounds for opposition are not submitted within this period, the opposition shall be deemed not to have been made. It is mandatory to pay the fee within the opposition period and to submit information regarding the payment of the fee to the Office within the same period for the examination of the opposition. After the opposition period, the grounds for opposition cannot be changed, and new grounds cannot be added.
Opposition to decision
ARTICLE 31 – (1) Parties adversely affected by the decisions of the Office may file an opposition within two months from the date of notification of these decisions.
(2) Opposition to a decision is made to the Office with a signed opposition to decision form in which the grounds for opposition are written in detail by specifying the corresponding articles and paragraphs in the relevant legislation. Oppositions that do not contain formal deficiencies shall be examined by the Board.
(3) The grounds for opposition and the fee may be completed within the opposition period. If information demonstrating that the grounds for opposition and the opposition fee have been paid is not submitted to the Office within this period, the opposition shall be deemed not to have been filed, and the fee paid shall be refunded upon request. If the documents have been provided in full, the examination may begin before the expiration of the opposition period.
(4) The Board shall grant the parties a period of one month to present their views regarding the oppositions. If the Board deems it necessary, it may grant the parties a period of one month to provide explanations regarding additional information, documents, and grounds. If the requested additional information, documents, and views are not submitted within this period, the opposition shall be evaluated within the scope of the existing information and documents.
(5) Until a decision is made regarding the opposition, the parties may submit additional information and documents to support the views, claims, and grounds they have put forward.
(6) After the period for opposing the decision has expired, the grounds for opposition may not be changed, and no new grounds may be added.
Conciliation
ARTICLE 32 – (1) The Office may, if it deems necessary, invite the parties to conciliation during the examination of oppositions to publication and oppositions filed against decisions made pursuant to the third paragraph of Article 19 of the Law. In this case, the parties shall submit their declarations regarding conciliation to the Office in writing within one month from the date of the notification made to them by the Office. If one of the parties does not respond affirmatively to the conciliation invitation within the time limit, the invitation to conciliation shall be deemed rejected, and the Office shall continue the opposition examination from where it left off.
(2) In cases where the parties are represented by an attorney before the Office, the attorney is obliged to immediately notify the principal of the conciliation invitation and the fact that the dispute is suitable for resolution through mediation.
(3) If the parties wish to conciliate and jointly notify the Office that they will apply to a mediator, the opposition examination shall be postponed for three months. However, if the parties make a joint request within this period, the period may be extended up to three months.
(4) If the conciliation process ends for one of the reasons regulated in the Law No. 6325 on Mediation in Civil Disputes dated 7/6/2012, the original or a notary-certified copy of the minutes drawn up regarding whether the parties have reached an agreement, have failed to reach an agreement, or how the mediation activity concluded shall be submitted to the Office within one month from the date of the conclusion of the conciliation activity. In the event of an agreement, upon submission to the Office of the minutes drawn up by the parties and which have acquired the quality of a verdict according to Law No. 6325, the proceedings regarding the application shall be continued in accordance with the result of the conciliation. If the minutes are not delivered within this period or the parties fail to reach an agreement, the Office shall continue the opposition examination from where it left off.
(5) The period spent from the commencement of the mediation process until its conclusion shall not be taken into account in the calculation of the statute of limitations.
Examination of oppositions to the decision
Article 21- (1) Oppositions that do not contain formal deficiencies are examined by the Board.
(2) The Board requests that the parties submit their views regarding the oppositions within the time limit. If the Office deems it necessary, it may request that the parties submit additional information and documents. If the requested additional information and documents or views are not submitted to the Office within the time limit, the opposition shall be evaluated within the scope of the existing information and documents.
(3) In oppositions filed against decisions made pursuant to the third paragraph of Article 19, the Board may, if it deems necessary, encourage the parties to conciliate according to the fourth paragraph of Article 19.
(4) The Board makes the final decision of the Office as a result of the examination and evaluation it performs regarding the opposition. Withdrawal of the opposition
ARTICLE 33 – (1) Oppositions to publication and to the decision may be withdrawn by the Office before a decision is made regarding the opposition.
(2) For the opposition to be withdrawn, it is mandatory to submit the following documents to the Office:
a) The form containing the request for withdrawal of the opposition.
b) If the request is made by an attorney, a power of attorney explicitly containing the authority to withdraw.
c) If the requesting opponent is a legal entity, a notary-certified signature circular or a notary-certified copy of said circular.
ç) If the requesting opponent is a natural person, a notary-certified signature declaration or a notary-certified copy of said declaration.
Opposition fee for the decision
ARTICLE 34 – (1) The opposition fee for a decision taken by the Office in ex parte proceedings related to trademark applications shall be refunded to the applicant upon request if the opposition is accepted. No refund shall be made in cases where the Office makes decisions of partial acceptance of the opposition for which it has collected an opposition fee. Furthermore, no refund shall be made in cases where a refusal decision issued within the scope of subparagraph (ç) of the first paragraph of Article 5 of the Law is revoked because the reason for refusal, which was that the trademark had lapsed on the date the opposition was examined, or the reason for refusal, or the trademark or application subject to refusal, was revoked due to reasons such as transfer, address, type, or title change, letter of consent, or as a result of the acceptance of a claim of acquired distinctiveness through use within the scope of the second paragraph of Article 5 of the Law.
Registration
ARTICLE 22- (1) An application for which the application has been made without deficiencies or whose deficiencies have been remedied, which has been examined pursuant to Article 16, published, against which no opposition has been filed or all oppositions filed have been finally rejected, and for which all stages have been completed by submitting to the Office within the time limit any missing documents, including information regarding the payment of the registration fee, shall be registered, recorded in the register, and published in the Bulletin. If the fee for the registration of the trademark is not paid and information regarding the payment is not submitted to the Office within the time limit, the application shall be removed from the proceedings.
(2) A trademark registered without completing any of the stages specified in the first paragraph shall not be accepted as a registered trademark, the application proceedings shall be continued from the stage that was not completed, and this situation shall be published in the Bulletin. If it is decided to re-register these applications, the previously paid registration fee shall not be requested again. However, if two years have passed since the registration date, the registration status of the trademark shall not be affected by the uncompleted stage.
(3) The register is public. A copy of the register shall be provided on the condition that it is requested and the fee is paid.
(4) Procedures and principles regarding registration in the register, publication, and registration processes shall be determined by regulation.
Protection period and renewal
ARTICLE 23- (1) The protection period of a registered trademark is ten years from the date of application. This period is renewed in ten-year periods.
(2) The renewal request must be made by the trademark owner within the six months prior to the date on which the protection period expires, and information regarding the payment of the renewal fee must be submitted to the Office within the same period. If the request is not made within this period or information regarding the payment of the renewal fee is not submitted to the Office, the renewal request may also be made within a six-month period from the date the protection period expires, provided that an additional fee is paid.
(3) The trademark may also be renewed for a portion of the goods or services within the scope of the registration.
(4) For the renewal of a collective mark, a request from one of the enterprises included in the group is sufficient.
(5) Renewal takes effect from the day following the date on which the previous protection period expired. Renewal is recorded in the register and published in the Bulletin.
License
ARTICLE 24- (1) Trademark rights may be the subject of a license agreement for part or all of the goods or services for which they are registered.
(2) A license may be granted as an exclusive license or a non-exclusive license. Unless otherwise agreed in the contract, the license is non-exclusive. In non-exclusive license agreements, the licensor may use the trademark himself and may grant other licenses to third parties. In exclusive license agreements, the licensor cannot grant a license to another person and cannot use the trademark himself unless he has explicitly reserved his right.
(3) Unless otherwise agreed in the contract, licensees may not transfer their rights arising from the license to third parties or grant sub-licenses.
(4) The licensor takes measures to guarantee the quality of the goods to be produced or the services to be provided by the licensee. The licensee is obliged to comply with the conditions contained in the license agreement. Otherwise, the trademark owner may assert the rights arising from the registered trademark against the licensee.
Grounds for invalidity and request for invalidity
Article 25- (1) If one of the cases listed in Article 5 or 6 exists, the court shall decide on the invalidity of the trademark.
(2) Those who have an interest, public prosecutors, or relevant public institutions and organizations may request the invalidity of the trademark from the court.
(3) A trademark invalidity lawsuit is filed against the persons registered as the trademark owner in the register on the date of the lawsuit or their legal successors. The Office is not shown as a party in trademark invalidity lawsuits.
(4) A trademark, even if registered contrary to subparagraphs (b), (c), and (d) of the first paragraph of Article 5, cannot be invalidated if it has acquired distinctive character through use with respect to the goods or services for which it is registered before the request for invalidity.
(5) If the grounds for invalidity relate only to a portion of the goods or services for which the trademark is registered, partial invalidity shall be decided only for those goods or services. A decision of invalidity cannot be made in a way that changes the trademark representation.
(6) If the trademark owner has remained silent for five consecutive years while knowing or being required to know that a later-dated trademark is being used, he cannot assert his trademark as a ground for invalidity unless the registration of the later-dated trademark was made in bad faith.
(7) In invalidity lawsuits filed pursuant to the first paragraph of Article 6, the provision of the second paragraph of Article 19 may be asserted as an objection. In this case, the date of the lawsuit is taken as the basis for determining the five-year period related to use. If the plaintiff's trademark has been registered for at least five years at the application or priority date of the trademark whose invalidity is requested, the plaintiff shall also prove that the conditions specified in the second paragraph of Article 19 were met at the time of said application or priority date.
Grounds for cancellation and request for cancellation
Article 26- (1) In the following cases, the Office shall decide on the cancellation of the trademark upon request:
a) The existence of the cases specified in the first paragraph of Article 9.
b) As a result of the trademark owner's actions or failure to take necessary measures, the trademark has become a common name for the goods or services for which it is registered.
c) As a result of use by the trademark owner or with the permission of the trademark owner, the trademark misleads the public, especially regarding the nature, quality, or geographical origin of the goods or services for which it is registered.
ç) Use contrary to Article 32 occurs.
(2) Relevant persons may request the cancellation of the trademark from the Office.
(3) Trademark cancellation requests are asserted against the persons registered as the trademark owner in the register at the date of the request or their legal successors.
(4) If the trademark has been seriously used with respect to the goods or services for which it is registered between the expiration of the five-year period and the date the cancellation request is submitted to the Office, cancellation requests related to subparagraph (a) of the first paragraph shall be rejected. If the use has occurred with the thought that a cancellation request will be filed, the use that occurred within the three months prior to the submission of the request to the Office shall not be taken into account.
(5) If the grounds for cancellation relate to a portion of the goods or services for which the trademark is registered, partial cancellation shall be decided only for those goods or services. A decision of cancellation cannot be made in a way that changes the trademark representation.
(6) If the right holder changes during the cancellation examination, the proceedings are continued against the person appearing as the right holder in the register.
(7) Cancellation requests are notified to the owner of the trademark whose cancellation is requested. The trademark owner submits their evidence and answers regarding the request to the Office within one month. Upon request within said one-month period, the Office grants an additional period of up to one month. If the Office deems it necessary, it may request the submission of additional information and documents. The Office makes its decision on the file within the framework of the claims, defenses, and submitted evidence.
Effect of invalidity and cancellation
Article 27- (1) If a decision is made on the invalidity of a trademark pursuant to Article 25, this decision is effective from the date of the trademark application, and the protection provided to the trademark by this Law is deemed never to have arisen.
(2) If a decision is made on the cancellation of a trademark pursuant to Article 26, this decision is effective from the date the cancellation request is submitted to the Office. However, upon request, it may be decided that the cancellation decision will be effective from an earlier date if the grounds for cancellation arose at an earlier date.
(3) Without prejudice to the claims for damages of those harmed due to the trademark owner's gross negligence or acting in bad faith, the retroactive effect of the invalidity decision and the cancellation decision regulated in the second sentence of the second paragraph does not affect the following situations:
a) Final and enforced decisions rendered in lawsuits filed before the decision due to infringement of the rights provided by the trademark.
b) Contracts concluded and executed before the decision.
(4) Partial or full refund of the price paid in accordance with contracts within the scope of subparagraph (b) of the third paragraph may be requested as a matter of equity.
(5) Final decisions regarding the invalidity or cancellation of a trademark shall have effect against everyone.
(6) After the invalidity decision becomes final, the court shall ex officio send this decision to the Office.
(7) After the invalidity or cancellation decision becomes final, the trademark is deleted from the register, and the situation is published in the Bulletin. Termination and its consequences
Article 28- (1) Trademark rights terminate in the following cases:
a) The expiration of the protection period and the failure to renew the trademark within the time limit.
b) The trademark owner's renunciation of the trademark right.
(2) The termination of the trademark right takes effect from the moment the reason for termination occurs.
(3) The trademark owner may renounce all or a portion of the goods or services within the registration scope of the trademark. The renunciation is notified to the Office in writing, and the fact that the trademark right has terminated due to renunciation is published in the Bulletin. Renunciation takes effect as of the date of recording in the register.
(4) The trademark owner may not renounce the trademark right without the permission of the recorded right holders and licensees. If a third party has claimed ownership of the trademark and a precautionary injunction decision obtained in this regard has been recorded in the register, rights arising from the trademark cannot be renounced without this person's permission.
(5) A trademark application may be withdrawn by the applicant before the trademark is registered. The provisions regarding renunciation of trademark rights also apply to the withdrawal of a trademark application.
Acts considered infringement of trademark rights
Article 29- (1) The following acts are considered infringement of trademark rights:
a) Using the trademark in the forms specified in Article 7 without the permission of the trademark owner.
b) Imitating the trademark by using the trademark or a confusingly similar version thereof without the permission of the trademark owner.
c) Selling, distributing, putting into commercial use in another way, subjecting to import, exporting, possessing for commercial purposes, or making an offer to conclude a contract regarding products bearing the trademark used through infringement, despite knowing or being required to know that the trademark has been imitated by using the trademark or a confusingly similar version thereof.
ç) Extending rights granted by the trademark owner via license without permission or transferring these rights to third parties.
(2) The provision of the second paragraph of Article 19 may be asserted as an objection in infringement lawsuits. In this case, the date of the lawsuit is taken as the basis for determining the five-year period related to use.
Penal provisions regarding infringement of trademark rights
Article 30- (1) A person who produces goods or provides services, offers for sale or sells, imports or exports, purchases for commercial purposes, possesses, transports, or stores products by infringing the trademark rights of another through quoting or confusing similarity shall be punished with imprisonment from one to three years and a judicial fine of up to twenty thousand days.
(2) A person who removes the sign indicating that there is trademark protection from the product or packaging without authorization shall be punished with imprisonment from one to three years and a judicial fine of up to five thousand days.
(3) A person who, without authorization, disposes of another's trademark right by transferring, granting a license, or pledging shall be punished with imprisonment from two to four years and a judicial fine of up to five thousand days.
(4) In case the crimes contained in this article are committed within the framework of the activities of a legal entity, security measures specific to them shall also be ordered.
(5) For a penalty to be imposed for the crimes contained in this article, the trademark must be registered in Turkey.
(6) Investigation and prosecution of the crimes contained in this article are subject to complaint.
(7) If the person who offers for sale or sells goods produced by imitating a trademark of which another is the right holder declares where they obtained these goods and thereby ensures the revelation of the producers and the seizure of the produced goods, no penalty shall be imposed on them.
Guarantee mark and collective mark
ARTICLE 31- (1) A guarantee mark is a sign that serves to guarantee the common characteristics, production methods, geographical origins, and quality of many enterprises under the control of the trademark owner.
(2) It is forbidden to use a guarantee mark on the goods or services of the trademark owner or an enterprise economically connected to the trademark owner.
(3) A collective mark is a sign used by a group consisting of production, trade, or service enterprises.
(4) A collective mark serves to distinguish the goods or services of the enterprises in the group from the goods or services of other enterprises.
Guarantee mark or collective mark technical specification
Article 32- (1) For the registration of a guarantee mark or collective mark, it is mandatory to submit a technical specification showing the procedures and principles regarding the use of the mark along with the application.
(2) The guarantee mark technical specification determines the common characteristics of the goods or services guaranteed by the mark, the methods of using the mark, how and how often inspections will be conducted after the right to use the mark is granted, and the sanctions to be applied in case of use contrary to the technical specification.
(3) The collective mark technical specification determines the enterprises authorized to use the collective mark, the conditions for membership in the community formed by these enterprises, the conditions for using the mark, and the sanctions, if any. For the registration of a collective mark and renunciation of the collective mark right, all enterprises included in the group act together.
(4) Enterprises included in the group authorized to use the collective mark are entitled to file a lawsuit individually.
(5) Amendments to be made to the technical specifications cannot be implemented unless approved by the Institution.
(6) If the technical specifications do not contain the conditions specified in the second and third paragraphs or are contrary to public order or public morality, the Institution shall notify the trademark owner to make the necessary amendments to the technical specifications. If the trademark owner fails to make the necessary amendments and correct the technical specifications within six months from the date of notification, the application for registration of the guarantee mark or collective mark shall be refused.
(7) If the trademark owner fails to take the necessary measures to prevent the guarantee mark or collective mark from being used in a manner contrary to the technical specifications in a continuous manner, the trademark shall be revoked if the said non-compliant use is not corrected within the time granted upon the application of the interested persons, the public prosecutor, or the relevant public institution or organization.
(8) The procedures and principles regarding the technical specifications shall be determined by regulation.