Are Trade Marks bases on sectors?

     A registered Trade Mark is not protected on the sector base, but is protected for the registered products and services. However, there is a possibility that a Trade Mark registration application may be declined by the concerned authority when evaluated according to widespread and known registered Trade Marks.

Can I prevent unlicensed usage of my Trade Mark? What are my rights?

     Unlicensed usage can be prevented as stated by the Judicial Decree number 556 about Trade Mark Protection Law, thus, in case your registered Trade Mark for your registered products is being used by another, you have the right to use an official letter of warning, seize goods, confiscate goods and apply to the court for compensation.

Why is service Trade Mark important?

     Until the last correction made in the Trade Marks Law in 1995 we could register only Commercial Trade Marks in our country. After the modifications made in the process of entering the Customs Union Judicial Decree about Trade Mark Protection number 556 it became possible to register Service Trade Mark. It became possible to register services for activities like tour agencies, hotels that had to be registered as Commercial Trade Marks before 1995. Thus, it is useful to review the protection range for enterprises which have registered their Commercial Trade Mark in a sector so that related services are included in the protection range.

Why should I need a registered Trade Mark if my company is registered in the Chamber of Commerce?

     The Chamber of Commerce is directed to protecting commercial titles as corporate bodies. It does not provide the rights provided by Trade Mark registration. Commercial Trade Mark is applied to products and services put forward to the market and is required by many organizations (Ex.: TSE, Food Registrar, Guarantee Certificate, etc.) as an obligatory documentation added to the files presented for applications. While it is possible to protect the title forge by adding a letter or symbol in the beginning or the end of the title for the corporate bodies, it is not possible to obtain Trade Mark Registration Certificate in the same way.

What are the criterions for Trade Mark registration? What can become a Trade Mark and what cannot?

     It is described in the Judicial Decree about Trade Mark Protection number 556 what can be a Trade Mark and what cannot be a Trade Mark in this way: "A Trade Mark may be protected being registered if it serves to distinguish products or services of an enterprise from products and services of another enterprise and contains printable characters, forms, shapes, words, numbers, drawings, personal names or other graphic symbols that can be copied". Clauses that fit criterions listed in 7. paragraph of brand registration related decree cannot be registered.

What is the difference between service and commercial Trade Marks?

     Commercial Trade Mark is a kind of Trade Mark which is registered in order to introduce and distinguish manufactured and thrown to the market products and gives the owner the monopoly right. Service brand is a kind of brand that was developed and presented to enterprises active in service sector by Judicial Decree about Brand Protection number 556 issued in 1995 and is registered in order to include services of the active enterprises.

Is a Trade Mark valid only in the province it was registered in?

     No. The protection of any registered Trade Mark includes products and services of the owner all over Turkey.

There are two Trade Marks registered under the name of the same enterprise. Is it possible to use both of them at a time?

     Yes. As it is known, it is possible to register more than one Trade Mark for an enterprise. Consequently, it is possible to use more than one Trade Mark at the same time. A brand owner may not put forward products or services of a Trade Mark when he is addressing users of another Trade Mark.

Will a Trade Mark be considered imitated if something is added in the beginning or the end of it?

     Yes. As long as additions made to a Trade Mark are not making difference with the main element of a Trade Mark it is considered an imitation. If there is a registered Trade Mark"Seda", then a usage like "Real Seda", "Pure Seda" or "New Seda" would be considered an imitation. An application made in such way would be declined by the authorities.

Does a Trade Mark registered abroad provide protection by law in Turkey?

     If a Trade Mark is registered abroad, but not in Turkey it may only be protected by law from unfair competition. When such case is opened in the court, evidences must be presented about whether a brand production was registered, or a product is thrown in the same sector or introduced unfairly. If presented evidences are considered sufficient, then an application for Trade Mark registration in Turkey will be declined or a registered Trade Mark will be canceled.

What is the relation between quality and Trade Mark?

     As it is known, quality is used for various concepts. Quality of manufactured production and quality of service are directly related with Trade Mark. When the quality of products and services put forward into the market by an enterprise satisfies consumers, it becomes a candidate for "impossible to decline". Consequently, with this obtained status an enterprise would reach a particular quality standard, which is important to secure their production permanence in the market and the sector by making the demand for the brand grow. Thus, we can say that the importance of brand in relation to the quality standard definition is also big.

When should one apply for Trade Mark registration?

     Attention should be paid to the fact that there is a possibility that an application for brand registration made for products or services that are already in use may be declined. For that reason application for a new Trade Mark should be made before products or services are thrown to the market. Beware of the risks that one may face after products or services of an unregistered Trade Mark reach a certain level of popularity. Since the present law gives opportunity to register more than one Trade Mark it is important to consider regions and markets for trade in the future as well as consumer blocks and develop new Trade Marks today.
     You may inform us about other question related with Trade Mark registration that are not in the list above or request details about some points using this Contact Form .


 

DESIGN

Which authority is in concern with Industrial Property in Turkey?

     Turkish Patent Institute Directorate is authorized for this matter.

Which Industrial Designs are not included in the protection range?

     Designs that do not possess new or distinguishable features as well as designs that are not in accordance with public order and genera morals are not included in the protection range. Apart from that, designs that do not leave any freedom of choice to designer, design related features and elements are not included in the protection range.

When does protection begin for Industrial designs?

     Protection begins as soon as documents required for Industrial Design application are given to the application department of Turkish Patent Institute Directorate. If not all the required documents are presented, the application is considered accepted when lacking documents are presented. (Original statement of the registration and press fee, power of attorney, signature samples do not affect accepting of application date.)

How are Industrial Designs protected?

 
     Industrial Designs are taken under protection in the country of registration.
An Industrial Design certificate obtained in Turkey is only valid inside Turkey. In order to protect an Industrial Design in other countries it is required to submit separate applications in each country.

What is the protection period for an Industrial Design?
 

     New and distinguishable designs are protected during 5 years starting from the date of application. This period can be extended up to 25 years by being renewed every 5 years. (Application for renewal can be made inside 6 months before the date of expiry. If the application is not made during this period, then an additional 6 month period is given to make the application together with paying an additional fee.)
     Do not hesitate to contact us for any additional information.

How can we follow the applications made for Industrial Designs in Turkey?
 

     All design applications made in Turkey are published in The Official Industrial Design Bulletin by Turkish Patent Institute Directorate every month. It is possible to subscribe to the Bulletin and see all the design applications made.
     If you have any questions about obtaining the bulletins please contact us.

How is Industrial Design related with other industrial rights?
 

     A product may enter the sphere of patent or useful model as well as industrial design sphere.
Example: In public opinion, while an exterior view of a device like sleeping oven is a subject for Industrial Design registration, its system that provides "sleeping" quality while burning may be a subject for patent or useful model registration. Apart from that, you may place your registered brand on the oven and sell it this way.
     When more than one industrial right need to be obtained for a product one must make separate applications for each industrial right.
Please contact us to get more information about court procedures about imitation of registered designs.

Who is the right owner for Industrial Design?
 

      Design right belongs to designer or his/her lawful successors.
     If there are more designers than one and there is no special agreement between the parties, then the right is commonly shared between them.
Please contact us for more information about right owners.

How is a research performed for Industrial Designs?
 

     There is no any system to research designed products by infallible comparison. Researches can be made based on companies. These researches provides easier procedures for companies which will apply for registration.
Please contact us for more information about company based researches.

What is the importance of research for Industrial Designs?

• To follow the activities of rival companies,
   

• To prevent one's products from being unfairly registered by others,
   

• To have opportunity to produce new models and designs to make rivalry by seeing new activities in the sector,
   

• To prevent companies from trying to unfairly register old designs that belong to public.
   

What is the difference between Industrial Design and Patent?
 

     Industrial Design subjects an exterior appearance of a product for registration. Patents are evaluated in accordance with criterions for technical potential of a product that can be used in industry.
     You may inform us about other question related with design registration that are not in the list above or request details about some points using this
Contact Form .

 

PATENT

     Concept of patent is developing fast in our country. According to Turkish Patent Institute documentation it is seen that the number of applications for patent is increasing with every day. Despite we do not have enough patents to be compared with Europe, the increasing number of applications gives us hope in this matter.
     In fact the number of patent applications is one of the indicators of level of development for a country and this number is constantly increasing. Here we answer some questions that are frequently asked by developers and persons involved in AR-GE activities.
 

What are the differences between brand, patent and industrial design?
 

     Industrial property rights consist of three main titles. Brands, patents and industrial designs. There are no rights outside these spheres. These three concepts are frequently confused.
     Patents are technological inventions/findings, industrial designs are visual features of a product. Brands are symbols placed over products.
One product may be a subject for patent as well as for industrial design, but brand is not related with patent in any way.

There is a project in my mind. Can I take patent for it?
 

     There is an opinion in public that a mental design can be patented. It is not possible to protect mental findings by patent. It is not possible to mortgage mental projects as well any way. Anything that is wanted to be protected must be presented as a real project that can be produced.

Is a founding protected permanently or is there a period of protection?
 

     Patent protection period is limited. This period changes depending on the kind of patent. This period cannot be extended and is 20 years for researched patent, 7 years for not researched patent and 10 years for useful model. After the period is expired anyone may manufacture the product in the country of protection.

Will I possess all the rights is I take a patent for a product which is not manufactured or imported in our country, but is manufactured abroad?
 

     This idea is thoroughly wrong. A criterion essential for a patent is a new feature. The applications for patent are evaluated on international standards and not national. Apart from that, it is not in accordance with law to show oneself unfairly as a right owner.

Do I have to describe my finding in all details when applying for patent?
 

     Patents are documents that are issued with a condition that findings are described in a way which is clear and may not cause any confusion in public opinion. A description of a finding must be written by a professional technician and include descriptions of usage and advantages of the finding. Anyway, if the description does not contain details then it will not be possible to prove the rights in case of imitation.

Will my patent be protected in all countries with only one application?
 

     All industrial property rights (brand, industrial design, patent, useful model) are protected only in the country where applied. An application made in Turkey will be protected only in Turkey. There is a system for protection in several countries with one single application. This application system send patent file to other countries selected.

Is it enough to apply once for patent period? Is there a need for other procedures?
 

     It is enough to apply in order to take patent under protection, but it is required to extend the period by renewal every year in the defined terms and pay renewal fee. If the fee is not paid inside the defined term, a penalty term is offered and if the payment is not made during this additional term, then the application is considered withdrawn, the file is closed and protection is canceled.

If I make a size, appearance change in a patent, can I manufacture the product or even take a new patent of my own?
 

     To make changes over a patent does not mean that the protection will not extend for the changes. To produce a small copy of a patented product does not mean any new ideas and is considered an imitation of patented product.
You may inform us about other question related with patent registration that are not in the list above or request details about some points using this Contact Form .