n the Industrial Property Law, a trademark is defined as any sign that is capable of distinguishing the goods or services of one enterprise from those of other enterprises and that can be represented graphically. As this definition implies, the most crucial aspect of a trademark is its distinctiveness.
According to the Industrial Property Law in Turkey, signs that cannot be registered as trademarks include those that lack distinctive character, are descriptive, consist exclusively of shapes that result from the nature of the goods themselves, are contrary to public order or morality, and may deceive the public or lead them to believe that the goods or services have a quality, origin, or other common characteristic that they do not possess.
Trademark applications are made based on the international classification system, which categorizes goods and services into classes. It is essential to correctly determine for which class or classes a trademark application should be made. If a trademark has already been registered in the same class, the application will be rejected by the Turkish Patent and Trademark Office. After passing this examination and being published in the trademark bulletin by the Turkish Patent and Trademark Office, other trademark owners have the right to object to the registration if they believe it may lead to confusion or association with their own trademarks. Well-known trademarks, regardless of class, are protected from registration with identical or similar names or signs.
Trademark applications can be filed directly with the Turkish Patent and Trademark Office or online through the e-government system. Once a trademark application passes the formal examination, receives no objections, or resolves objections successfully, and all requested documents are provided to the Turkish Patent and Trademark Office, it is published in the trademark bulletin and registered. The protection period for a registered trademark is ten years, and it can be renewed indefinitely. The protection period begins from the date the trademark application is filed.
Trademark owners have the right to enforce their rights if their trademark is used without permission. These rights can include prohibiting the use of all signs that are identical or similar to the registered trademark and may create unfair competition, as well as measures such as seizing and destroying the products bearing the infringing signs and preventing their import and export. Additionally, trademark owners have the right to file lawsuits for determination, cessation, and claims for both material and moral damages if their trademark is used without permission.
