This is an extract from the article on Türkiye in Katzarov’s Manual on Industrial Property. To access the whole article, subscribe here. For a free 3-day Trial, please contact us

Patents of Invention

Legal Basis

– Act No. 6769. The law was enacted on December 22, 2016 under the title Industrial Property Law. The large majority of the provisions of the Act are enforceable as of January 10, 2017. The prosecution of an application filed prior to January 10, 2017 will be finalized in terms of the former legislation.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Patent Cooperation Treaty (PCT), since January 1, 1996.
– European Patent Convention, since November 1, 2000. EPC 2000 is ratified and entered into force on December 13, 2007.

Filing requirements
– Specification, comprising a title, a description of the invention, the claims reciting the features of the invention, and a short summary;
– Drawings, if any;
– An abstract, summarizing the technical content of the invention (max. 250 words or 150 words with a drawing);
– Priority document, if Convention priority is claimed, is to be filed within three months from the date of filing.

Remarks

National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months. Such entry may be made by the end of the 33rd month by payment of an additional late filing fee.

Validity: patent issued after formal and substantive examination – valid for 20 years.

Annuities: payable on or before the anniversary of the filing date of a patent/patent application or with fine, within six months following the due date.

Opposition: pre-grant opposition is not possible (only third party observations); opposition to granted patents is possible.

 

Trade and Service Marks

Legal Basis

– Act No. 6769. The law was enacted on December 22, 2016 under the title Industrial Property Law. The large majority of the provisions of the Act are enforceable as of January 10, 2017. The prosecution of an application filed prior to January 10, 2017 will be finalized in terms of the former legislation.

Membership in International Conventions

– Paris Convention.
– Madrid Protocol, since January 1, 1999.

Filing requirements
– 1 specimen of the trade/service mark in .jpg format;
– Priority document (if any) must be filed within three months of filing date.

Remarks

Duration – renewals: ten years from the filing date; renewable for further periods of 10 years.

Obligation to use the registered mark: should start sooner than the expiration of five years from a mark’s registration date.

Opposition: may be filed within a non-extendible term of two months after publication of an application in the Bulletin of Marks.

 

Designs

Legal Basis

– Act No. 6769. The law was enacted on December 22, 2016 under the title Industrial Property Law.

Membership in International Conventions

– Paris Convention.
– Hague Agreement, Geneva Act, since January 1, 2005.

Filing requirements
– Drawings, paintings, graphics, photographic or similar representations of the design suitable for reproduction (under the dimensions of 8 x 8 cm, 8 x 16 cm or 16 x 16 cm);
– Priority document, if priority is claimed; such document and its Turkish translation should be filed in a non-extendible term of three months following the filing of an application (must be filed eletronically);
– Information as to whether deferment of publication is to be requested.

Remarks

Duration: after ex officio novelty examination and formal examination: 5 years from the filing date. Renewable up to 25 years.
Opposition: may be filed within three months after publication of an application.

 

Domain Names

Filing

ccTLD: .tr

Applicant: individuals and legal entities.

Local presence: not required.

Remarks

Duration – renewals: one to five years, renewable.

Uniform dispute resolution procedure: none, but an administrative procedure other than UDRP is available before the Dispute Resolution Service Providers.