Trademark Protection in Turkey


     Patent protection in Turkey is based on the Decree Law No: 556 Pertaining to the Protection of Trademarks has entered into force on June 27, 1995. The Articles 5, 7, 9, 42, 62, 82 and new Article 61/A have been amended/added by the Law No: 4128 of November 7, 1995 Implementing Regulation for legislation related to protection of trademarks has entered into force on November 5, 1995.
     Turkish trademark protection system is based on publication-opposition before registration which is similar to the European Countries' systems. Unregistered trademarks are protected by general provisions.

   

The provisions of Turkish Patent System are summarized below;

  • Registered trademark protection system,
  • Protection of trade and service marks,
  • Protection guarantee and collective marks
  • Registration after examination according to absolute grounds and publication,
  • Opposisiton according to relative grounds for refusal,
  • Term of Protection is 10 years,
  • Protection term can be extended by unlimited number of renewals,
  • Modern provisions for enforcement such as; compensation of damages against infringement, documents evidencing Infringement, non-realised income and increasing the non-realised income, reputation of the trademark, economical sunctions, fines and penalties
  • Publication of Court’s Decision
     
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