The trademarks applied for registration and registered in Turkey are protected only within borders of Turkey. The trademarks of products and services that the trademark owners take out of borders of Turkey for reasons such as exportation, exhibitions, abroad franchises should be registered in relevant country or countries as well.
There are four different trademark registration system in other countries;
- International Trademark Registration (Madrid Protocol System)
- Community Trademark Registration System
- National Trademark Registration
- Regional Trademark Registration
1. International Trademark Registration (Madrid Protocol System)
International Trademark Registration, after Turkey became a member of Madrid Protocol in 1999, is a system which ensures protection in more than one or all countries including European Community with a single application.
The authorized body for International Trademark Registration proceedings is the WIPO - World Intellectual Property Office located in Geneva pursuant to Madrid Protocol. The registration may include some or all of the countries which are members of Madrid Protocol.
For International Trademark Registration, it is obligatory to have a trademark application or registration for the same trademark in Turkey.
2. Community Trademark Registration System
This is a system which ensures protection in European Community member states and validity in all countries with a single application. The authorized body for this protection named as Community Trademark Registration is the OHIM-Office For Harmonization In The Internal Market located in Spain.
A Trademark Registration Certificate valid in all Community member states is obtained with a single trademark application. Turkish citizens may also have a Community Trademark registration and ensure protection in European Community pursuant to Paris Convention.
Following submission of application to OHIM, a research is made in terms of formal requirements and a research report is issued with reports of research results from each member state in order to enable the applicant have information and determine possible objections.
3. national Trademark Registration
Protection can be ensured by filing separate applications to each state which is not member to mass registration systems (European Union Community System, WIPO). In national trademark registration proceedings, proceedings shall be conducted based upon mutual relations between countries. National application procedure of each country is different.
Trademark application and registration costs vary depending on the country. Registration costs increases in case of more than one product or service class subject to registration according to regulations of the relevant country or in case an objection is raised against publishing of the application.
The period between the application filed for registration of the trademark and obtaining the registration certificate is approximately 2 to 4 years. However, this period may extend upto 5 years in some countries.
4. Regional Trademark Registration System
Regional Trademark Registration is a protection system valid in member states and having a regional quality in regions constituted by more than one countries.
Belgium, Netherlands and Luxembourg have developed BENELUX TRADEMARK REGISTRATION SYSTEM. This protection covers these three countries upon a single application to be filed in Benelux Trademark Office.
Regional trademark protection is ensured upon a single application in OAPI- African Intellectual Rights Organization member states (Benin, Burkina-Faso, Cameroon, Central African Republic, Chad, Congo,, Equatorial Guinea, Gabon, Guinea (Conakry), Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, Togo).