FREQUENTLY ASKED QUESTIONS

What is a trademark?

The trademark, provided that it enables the goods and/or services of an enterprise to be distinguished from the goods and/or services of another enterprise, including personal names, especially words, figures, letters, numbers, such as the shape or packaging of the goods, which can be displayed by drawing or expressed in a similar way, by printing is any sign that can be published and reproduced.

Who can apply for a Trademark?

Citizens of the Republic of Turkey (commercial activities with individuals and legal entities)

Citizens of countries that are members of the Paris Convention.

What are the advantages of trademark registration?

It gives the trademark registration owner the right to prevent any use of the relevant trademark for goods and services within the scope of the registration without the consent of the trademark owner.

The trademark owner can use the trademark himself/herself or grant trademark usage permissions to others.

Significant sanctions are imposed in the Decree No. 556 against the use of the trademark without the permission of the trademark owner.

How long does the trademark registration application take to conclude, how is the process after the application?

Trademark registration procedures result in an average of 12 months. Trademark applications received by TPI in full are published in the Official Trademark Bulletin for three months if there is no reason for rejection after data entry, coding of goods and services, search and examination. If there is no opposition to the publication, the missing documents required for registration are requested from the applicant and if the missing documents are corrected within due time, the Trademark Registration Certificate is issued and sent to the applicant.

If the application is partially or completely rejected during the initial examination of the application or upon opposition to the publication, the applicant has the right to object to the Institute's decisions within two months. Upon opposition, the decisions of the Institute are re-examined and new decisions are notified to the applicant by mail. In case of opposition to the applications, the application evaluation and trademark registration periods may exceed one year.

How long are the trademark protection periods?

Trademarks registered by the Institute are protected for 10 years from the date of application. It is possible to extend the protection period unlimitedly by renewing it for 10 years.

When should a trademark renewal application be made?

Trademark renewal applications start 6 months before the last day of the month when the protection ends and ends on the last day of the month when protection ends. A trademark renewal request can be made within 6 months after the expiration of this period, provided that a penalty renewal fee is paid. Trademarks that are not renewed within this period will be voided.

Is it mandatory to use a trademark?

Yes. If the trademark is not used without a justified reason within five years from the date of registration or if this usage is interrupted for a period of five years, the trademark is canceled by court decision.

In what cases is the trademark considered used?

The following situations are considered for the trademark as used.

Using the trademark with different elements without changing the distinctive character of the registered trademark,

Using the trademark only for export purposes or in its packaging,

Using the trademark with the permission of the trademark owner,

Import of goods bearing the trademark

What is a Right of Preference?

If those who applied for the trademark registration in one of the countries party to the Paris Convention, apply for the same trademark in Turkey within six months from the date of the application, based on other trademarks can right of preference in Turkey. In this case, these applications made in Turkey, supersedes the applications befor the applications itself but after the application in the country constituting a basis about the right of preference. The applicant trademark can be placed on products within the scope of registration and exhibitied in a national or international  exhibition held Turkey or in a country Party to the Paris Convention within last six months and based on this exhibition right of preference can be requested.

What is Madrid System? Does the trademark I registered in TPI provide protection all over the world?

Madrid System Regarding the International Registration of Trademarks is a system that provides the opportunity to apply in a total of 79 countries and European Communities with a single application. The system consists of the Madrid Agreement and the Madrid Protocol. Since Turkey is Party only to the Madrid Protocol, in international trademark registration applications via Turkish Patent Institute, registration can be requested for the countries party to the Protocolcan only be made in the request for registration in the country which is party to the Protocol. You can visit www.WIPO.int for the current list of countries party to the Madrid System.

Does an international trademark registration obtained under the Madrid Protocol provide protection valid all over the world?

No. An international registration obtained within the framework of the Madrid Protocol provides protection only in countries determined during the application and accepted as a result of the examination.

Is it compulsory to apply for a national trademark in TPI in order to make an international application within the framework of Madrid Protocol?

To make international trademark applications under the Madrid Protocol by means of TPI it is compulsory to have a trademark registered in Turkey or still in application process. Those who do not have registered trademark or a registered application in TPI can apply for a new trademark nationally at the same time as this application.

Is it compulsory for the international application to be made within the framework of the Madrid Protocol to be compatible with the national application / registration underlying this application?

Yes. Within the framework of the Madrid Protocol, the international trademark application must be compatible with the main application / registration in terms of trademark owner, trademark sample, goods and services. The goods and services whose registration is requested in the international application may be narrower than the list of goods and services of the main trademark, but not more comprehensive.

When does the protection period for international applications begin?

The protection period for international applications made within the framework of the Madrid Protocol begins from the date of receipt by the national office (TPI), if the application is submitted to WIPO within 2 months. If the application is submitted later than two months from the date of receipt by the national office, the protection period begins on the date the application is received by WIPO. In order to be sent by the national office within two months, the application must be duly and completely submitted.

What is the registration period for international applications?

An international trademark application should be finalized within a maximum of 12 or 18 months, depending on the country's preference, from the date of notification to the countries determined by WIPO.

Is a registration certificate issued by the designated countries for international applications?

No. No registration certificate is issued by the designated countries for international applications. Applications for which a rejection decision is not notified within the specified period of 12 or 18 months are considered to be registered in these countries. Notification of rejection decisions is mandatory, but positive decisions are not. However, some countries also report positive (publication, registration, etc.) decisions.

What is the "Dependency Principle (Central Attack)" in Madrid System?

International registrations obtained under the Madrid system are dependent on the main application / registration for 5 years. Within this five-year period, the refusal, cancellation, and invalidation of the main application / registration are reflected in the international application exactly.

What is a Geographical Indication?

Geographical indications within the scope of industrial property rights are referred to in two groups as origin and source indications. The region, area or region name from which a product originates is referred to as the origin name. In order to be referred to in this way, the product has to be a product originating from a region, area, region with defined geographical boundaries or country in very special cases; It has to be product whose all or essential qualities or features originate from the nature and human factors specific to this region, area or region; It must be a product whose production, processing and other processes are made entirely within the boundaries of this region, area or region, and all above conditions must be met together. Circassian cheese, Trabzon butter, Bozcaada wine, Van herb cheese can be given as examples of such products. The qualifications, quality, reputation and other features of these products have characteristics originating from the nature and human elements of a particular geographical location, and these products have earned a reputation for these features. Products bearing the name of origin cannot be produced outside the geographical region to which they belong. Because the product can gain its qualities only if it is produced in the region to which it belongs.

What Are The Indications That Cannot Be Registered As Geographical Indications?

Names and signs that do not comply with the definition of geographical indication,

Names and signs that have become the name of the products,

Plant species, animal families or similar names that may mislead the public about the true origin of the product,

Signs contrary to public order and general morality,

Names and signs that are not protected, or have expired or unused in countries that are members of the Agreement establishing the Paris Convention and the World Trade Organization.

What are the Violations of the Geographical Indication and the Penalties to be Imposed?

The cases of infringement of the geographical indication are exactly as stated in the relevant Decree: The use of registered geographical indications by third parties who do not have the right to use them in the form below is deemed as an infringement of the geographical indication right.

The use of the registered name for commercial purposes, directly or indirectly, in relation to uses that will benefit in any way from the reputation of the registered name or products that recall or resemble products within the scope of the registration,

Although stating the original geographical location as a word, the use that gives an unfair impression to the public that the product is of another origin or the use of translation of the protected name or the use together with other similar descriptions or terms such as 'in style of', 'in the character of', 'in the type of', 'by the method of', 'as produced there' etc,

It is common public opinion that a geographical indication registered in a country will be valid all over the world. Is this true?

No. The geographical indications registered in Turkey is valid only within the borders of Turkey. According to the Paris Convention, a separate application must be made in each country whose protection is requested.

What is a patent? What is Invention?

A patent granted by the state to the inventor for an invention gives the right to prevent others from producing, using or selling the invention for a certain period of time without the inventor's permission. A patented invention; becomes the property of the inventor like other goods that can be bought, sold, leased. Patents create rights ownership for the countries where they are obtained. A patent obtained in Turkey, grants rights only in Turkey and in case someone import patented products to Turkey, it gives the owner the right to stop importation rights.

Invention is defined as the solution to a technical problem in the industry, including agriculture.

What are the differences between patent and utility model?

The Utility Model can be given for all products with technical developments that may be subject to patents, excluding chemicals and methods. It is a system that can be recommended domestically, especially for our SMEs and for inventors who want to obtain protection with less cost for the new products they have developed. The applicant himself/herself decides whether to choose the patent or utility model application systems for his/her invention. The most important point to be considered for utility model application is that applications should not be made for non-new products. Even if an application is made for non-new products and a utility model certificate is obtained, if the third parties can prove that the product is not new, the document is canceled by court.

I had my invention notarized before applying to the Institute. Will I get legal protection?

No. It is not possible for an explanation of the invention certified by a notary to provide a patent right. The only authorized institution in our country that provides patent protection for inventions is the Turkish Patent Institute.

What are the advantages of protecting my invention with a patent?

Production can be made for an invention with or without a patent. However, a patented invention cannot be manufactured, sold, exported or imported by others without the permission of the inventor. There are penal sanctions for activities carried out on a patented product without permission from the applicant.

The patent provides the following advantages;

Exclusive rights - Patents provide exclusive rights to the patentee for the use, manufacture and sale of the invention for 20 years from the filing date.

Strong place in the market - With these special rights obtained, you can prevent others from using your invention commercially, and you can reach a leading position in the market by increasing your competitiveness.

Profit on investments - Considerable time and money are invested in producing advanced products. Under the umbrella of special rights provided by patent protection, you can turn your expenses for your investments into profit. Opportunity to make license and transfer agreement for invention - If you do not want to produce your invention yourself, you can earn income by making a license or transfer agreement with another company.

Positive image for your company - The large number of patents will be perceived as an indication of your company's high level of expertise and technological capacity for your business partners and investors, and will increase your company's market value.

Can software be patented?

In accordance with Article 6.c) of the Statutory Decree No. 551, computer softwares are listed among the subjects that cannot be patented since they are not inventive. Patents are not granted for software running directly on the computer. However, if the results of using it with a machine provide an advanced technical effect, it is possible to obtain a patent for a machine that works with a computer program. (For example, a computer program that automatically sets the dose for X-rays (X-rays) works together with a physical machine.)

How long will my application be concluded, how is the process after the application?

After your application is received by the Institute, you will receive a letter stating that the application has been received and whether there are any formal deficiencies in your application. Subsequent procedures will be notified to you in writing. The protection date for the patent or utility model starts from the date of application. There are no standard periods for receiving documents, the times may vary depending on the situations that develop during the process.

When are annual fees paid? What if it is not paid?

Annual fees must be paid in cash to the Institute's account at the maturity of each year (month and day corresponding to the application date) during the patent protection period without the need for the Institute's notification, and the original bank receipt must be sent to the Institute.

If the annual fees are not paid within the specified term, these fees can be paid with a delay within six months following the term, with the addition of an additional fee specified in the fee list. If the annual fees are not paid within this period, the patent right will expire as of the last payment date of this fee.

Does the Institute have any support to cover patent costs?

Our institute cooperated with TUBITAK in order to support patent applications. Detailed information about TÜBİTAK incentives is available on our Turkish Patent Institute website.

How long are the patent protection periods?

Examined patent provides 20 years, unexamined patent provides 7 years, Utility Model provides 10 years of protection.

What is the obligation to use a patent?

The patent owner has to use his invention within 3 years from the date the patent is given in the Official Patent Bulletin (M.96 of the Decree No. 551). Market conditions are taken into consideration in the evaluation of use. Technical, economic or legal reasons such as objective qualification licensing, compliance with standards, and not needing new applications in different fields are accepted as justifiable reasons for not using the patent. These reasons, which are deemed to prevent the use of the invention subject to patent, are reasons beyond the control and will of the patent owner. Information and documents regarding the justifiable reasons for the inability to use the patent are submitted to the Institute within three years from the date of the announcement regarding the granting of the patent by the patent owner in the relevant bulletin and recorded in the Patent Registry. The official certificate of use that will prove that the invention has been used should cover the statement about the use of the patent and must be approved by chambers of commerce or industry, other professional organizations or other relevant institutions. In case of import, the import certificate replaces the usage certificate. In the usage document; the patent date, number, invention title, date of commencement of use, name, address, signature and issue date of the declarant must be included. The fee specified in the fee list must be paid in order for the usage certificate and import certificate to be registered in the Patent Registry.

What is a Right of Preference?

If the invention is requested to be protected in more than one country, a right to apply for the same invention in another country within a period of 12 months from the date of filing of the first patent application in any country, this is called the right of preference. The right of preference means priority right. There is no right of preference for first time applicants. There is a preference(priority) right for previous applications. If a patent application is made by third parties for a subject similar to the subject of invention between the date of the application made by an applicant in any country and the date of the later application based on this application, that application cannot be shown as a counter document.

The applicant requests the priority right he/she wants to utilize with the application or within two months from the application date. If the relevant certificate of right of preference is not submitted within three months from the date of the patent application, the request to benefit from the right of preference is deemed not made.

Regardless of whether an application for granting a patent in foreign countries is made in different countries, more than one right of preference  can be requested.

When I get a patent, will I get protection all over the world?

Patent protection of inventions is provided within the framework of national laws valid in each country. In other words, in order to protect an invention with a patent, it is necessary to apply for a patent one by one in each country where protection is requested. Although there is a target like World Patent or International Patent, this target has not been reached yet. However, there are international agreements in many countries that enable application and standardize and facilitate the procedures. PCT (Patent Cooperation Treaty) is a system that introduces facilitated regulations for obtaining patent protection in over thirty countries across Europe, EPC (European Patent Convention), most countries in the world.

What kind of penalties are imposed to  unauthorized use of a patented product?

In Article 73 / A of the Decree Law on the Protection of Patent or Utility Model Rights, crimes related to violation and infringement of patent or utility model rights are grouped in three separate groups and separate penal provisions have been made for each.

Falsifying the identity notification to be specified as the patent or utility model right owner;

Removing the mark placed on an article or package with patent or utility model protection, indicating that there is patent or utility model protection, without authorization;

The situations where a person unfairly present oneself as the owner of a patent/utility model application or patent/utility model right are defined and in this case, the offenders are sentenced to imprisonment from one year to two years or to a heavy fine from fourteen billion lira to twenty seven billion lira or both,

What are the criteria for patentability? Which inventions can be protected with a patent?

The criteria sought in inventions to be protected by a patent are as follows;

Innovation is absolute innovation in the sense that it has not been explained by others in writing, orally or in practice before the application is made.

The criterion for exceeding the state of art is the quality of "a person who is expert on the subject cannot easily think and put into practice".

Applicability to industry means that the invention is practically applicable rather than purely theoretical.

Inventions meeting these three criteria are protected by a patent.

Are there topics and inventions that cannot be patented?

Since the ones listed below do not qualify as inventions, they are excluded from the scope of the patent and if protection is requested for them, no patent is granted.

Discoveries, scientific theories, mathematical methods;

Plans, procedures and rules regarding mental, commercial and game activities;

Literature and art works, scientific works, aesthetic creations, computer software;

Procedures without technical aspects regarding the compilation, organization, presentation and transmission of information.

Surgical and treatment methods to be applied to human or animal body and diagnostic methods related to human and animal body.

The provision in the Clause does not apply to the ingredients and substances used in any of these procedures and their production methods.

 

The following inventions are not protected by patenting:

The provision in the Clause does not apply to the ingredients and substances used in any of these procedures and their production methods.

Inventions whose subject is contrary to public order or general morality.

Plant or animal species or plant or animal breeding methods that are substantially based on biological principles.

How many kinds of patent system are there in Turkey?

In Turkey there are two types of patent systems, examined and unexamined. In the unexamined system, the inventors who have limited financial resources in our country are provided with a fast but relatively limited 7-year protection. In the examined system, the processes take longer, but a stronger and longer protection is obtained because the examined patent is given on the basis of an examination report that shows whether the application meets the patentability criteria. An unexamined patent can be converted to an examined patent, provided that the necessary conditions are fulfilled and examined. The protection period of the utility model, which provides the same rights and protection with the patent, is 10 years. There are no research and examination processes in the utility model system.

What are the reasons for the termination of the patent right?

Patent right expires when;

Protection period expired;

Protection period expired;

Failed to pay annual fees and additional fees within the prescribed time;

What is Industrial Design Protection?

Except for computer programs and topographies of semiconductors, taking under protection the products included in the product range covering a composite system or its constituent parts, objects such as sets, groups, packaging, perceptible combinations of multiple objects or presentations, graphic symbols and letterpress graphics, as well as any industrially or hand-produced object, or any part of said products provided that they have novelty and distinctive characteristics. The applicant will have the right to produce up to 25 years by renewing the registration of the design or the product on which the design is applied 4 times.

What Are The Designs That Cannot Be Registered As Industrial Designs?

The registration of designs that do not meet the protection conditions stated below will not be finalized.

New and distinctive designs are documented and protected. If the design for a part of a compound product is new and has a distinctive character, it also benefits from protection.

If the same design is not presented to the public anywhere in the world before the application or priority date, that design is considered new. Designs are considered the same if they differ only in minor details. Includes activities for publicity, display, sale, use, description, publication, promotion or similar purposes. Disclosures made to third parties that appear to be express or implied are beyond the scope of public disclosure.

The distinctive nature of a design, means that there is a distinct difference between the general impression created by any design on the informed user and the general impression that this design creates on such user specified in the second paragraph of the seventh article of the Decree No 554.

Another design to be compared in terms of distinguishing characteristic of any design, must be offered to the market in Turkey or anywhere around the world at the date of application or the date of right of preference, must be published by the Institute as a registered design and the protection period of a design that is being evaluated in terms of distinctive qualifications should not be expired at the date of application or the date of right of preference

In evaluating the distinctive qualification, the emphasis is placed on evaluating the common features of the designs compared with each other, rather than their differences in principle, and the freedom of choice that the designer has in terms of developing the design is taken into account.

What is the Difference Between a Design Claimer and a Designer

Real or legal persons can claim a design right. Design right holder; is the user who produces the design subject to registration or the product on which the design is applied, puts it on the market, sells it, makes a request to make a contract, and uses it for commercial purposes. The designer is the person who made the design. In the designs that emerge as a result of teamwork, the names of the designers must be specified one by one. If the design right claimant and the designer are different, the relationship must be declared during the application.

What are the Drawbacks of Using Unregistered Industrial Design?

Before the Decree on the Registration of Industrial Designs, unregistered designs protected in accordance with TCC Unfair Competition Rules and General Provisions are also protected in the same way. However, unregistered use cannot grant the rights provided by Decree 554. The most important issues among these are the ease of proof provided by the registration and the severity of sanctions in case of violation.

What are the Violations of the Industrial Design Right?

The acts listed below are considered as infringement of the design right:

Without the consent of the owner of the design right, to make, produce, put on the market, sell, take action for contract conclusion, use, import and store and hold for these purposes.

Expanding or transferring these rights to third parties without permission given by the owner of the design certificate through contractual license

Participating in or helping or encouraging the above-mentioned acts or facilitating the execution of these acts, regardless of the form and conditions,

Refraining from reporting from where or how the item in its possession that was unfairly produced or brought to the commercial area was purchased.

Extortion.

If the design application is published in accordance with Article 34 of the Decree Law on this subject, the applicant is authorized to file civil and criminal lawsuits due to violations of the design. If the infringer has been informed about the application or its scope, the publication of the application is not considered. If the court decides that the infringer is malicious, the existence of the infringement is accepted before the publication. The fact that the record stating that the protected design is registered is not placed on the product, package or invoice does not prevent the act from being infringement. Registration marks are taken into account during the evaluation of the defect.

Which Crimes Are Defined and Which Penalties Are Stipulated for Violations and Infringements Regarding Industrial Design Rights?

As stated in Article 3 of Law No. 4128 and Article 48 / A added to the Decree No. 554:

For those who make their identity declaration incorrectly to be specified as a design right owner, or who remove the sign that indicates design protection on an item or package with design protection without authorization, or who unfairly show themselves as a design application or design right holder shall be imposed from one to two years prison, fines from three hundred million lira to six hundred million lira,

Those who transfer, give, pledge, or take any disposition on one of the rights written in the articles on transfer and assignment, pledge and seizure of the legislation on the protection of the design right, or the license related to this right, although they should know that they have no right and interest or power of disposition, In the event that the design right is not the owner of a design right protected by the law or the term of protection is expired or the design right is invalid or the right arising from the design protection terminates, it is related to the right of a legally protected design to the goods or packaging or commercial documents or notices that are manufactured or put up for sale by him, Those who put signs in a warning way or use such articles, signs or expressions in written and visual media for this purpose, shall be imposed to imprisonment from two years to three years and a fine of six hundred million lira to one billion lira,

It is common public opinion that an industrial design registered in a country will be valid all over the world. Is this true?

The idea that Industrial Design registered in a country will be valid all over the world is completely wrong. A design applied and registered in Turkey benefits from the protection rights provided by the law in question merely within Turkey's borders. Therefore, in every country where protection is requested, it is possible to register by applying according to the legislation of that country. As a result of joining the Hague agreement, as a result of the International Registration of Industrial Designs through WIPO, protection can be provided in more than one country by a single office for a single fee.

If Small Changes Are Made to a Product With Industrial Property Rights, Can Industrial Design Be Registered?

Designs meeting the protection conditions specified in the second part of the Decree Law No. 554 on the Protection of Industrial Designs can be registered. In this respect, in order for a design to be registered, it must meet the innovation criteria and be distinctive. If the same design is not presented to the public anywhere in the world before the application or priority date, that design is considered new. However, if it differs only in small details, the registration request can be rejected by evaluating it in terms of innovation and distinctiveness criteria.

If the Reputation of an Industrial Design Is Damaged, Can an Industrial Design Owner Seek Compensation?

The owner of the design right, whose rights arising from the design are infringed, can demand from the court to compensate for the infringement and the compensation of material and moral damages. If the reputation of the design is damaged as a result of the bad production or improper release of the design by the infringer of the rights arising from the design, the design right holder may request additional compensation for this reason.