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WHAT IS TRADEMARK

Trademark in the industrial property; it consists of all kind mark that can be published and made copies by print, person name, specially words, shapes, letter, numbers and products’s shape and package be displayed by drawing or be expressible in same kind  of drawing  condition with  differentiate a company’s product and service from the other company’s.

The most important criter for trademark has a feature that distginguishes same product and service.

Customer satisfaction, advertisement, promotion campaign, opininon about the product and time turns the  physical imprint to trademark.

Trademark in the economical manner: Despite we think all brand name, commercial logo, package in the market that is a trade mark, these are not trademark yet. Names, logos and packages is the physical imprint of the product.  The product has no past, is empty and meanless.

IMPORTANCE OF REGISTRATION OF TRADEMARK

Turkish Patent Institute is established in 1995. From this date the companies and people have to registre TPE to profit from legal protection. Trademark who registre in it’s own country to protect in turkey as well it has to be registered in turkey again. In Turkey almost 400.000 trademark is regisgtered and almost 5000 new Marks make an application per month. 

Eltutan Patent  Office has applied for 20.000 trademark since year of 1997.

Although your company is big and well-known, you have to be faced with punitive and material sanction if some  company  registre your trademark/name/product in turkey by chance or even your competitor.  

It is important  that to be in same name/ trade mark in market since it has established. Trademarks can be protected by legaly if it is registered by TPE

REGISTERE YOUR TRADEMARK   BY TPE TO NOT TO BE THIEF OF TRADEMARK

LEGAL RIGHTS FOR OWNER OF TRADEMARK OR APPLICATION

If owner of registered mark or application requests, He/she withdraws fake products from circulation. 

LEGAL CITUATIONS

Unfair competition is banned  in Turkish commercial law. Paying compensation is ordered by this law for unfair competition.  Also penalty of imprisonment is ordered.
It is applied  effective sanctions to person who crosses unlawfully to trademark since  1995 by the law of protection of trademark . these sanctions are penalty of imprisonment, amercement and compensation. Also closing the Office, impoundage impouding of contraband goods and machines, high amount of fines, orders indemnity of material and moral damage benefit for holder of a  right against 3. person.
Industrial Design Law,Trademark Law, protection of geographic signs law protects owner of registration.

LEGAL CORPORATES IN TURKEY

Republic attorney generalship and criminal court
Republic attorney generalship handles with person who intrudes on trademark, patent, industrial design and geographic marks, depend on complaint of owner of registered rights or attorney’s with laws in turkey as below. 
Polices are chareged by prosecuting attorney , captures fake products, production machines of intruder. Criminal action is made about these people because of being clear that these producs are fake but after expert’s report. These people’s offices are shut down, Furthermore levy is made. 

Commercial courts
Courts is made in commercial courts for people or companies who  made  false claim. Commercial courts are made to determin and to ban of unfair commercial,  to pay compensation as Turkish Commercial Law.

Specialized  courts
Trademark, patent, industrial design and copyright registrated owner as determination of false claim, inhibition  of false claim, indemnification, reques of prudence courts are made in tribunals.   To open a case in turkey preferential rule is trade mark, patent, industrial design and geographic signs must be registered by TPE. If these are not registered, they can not benefit from legal arrangement.  

Turkish Patent Institute
Registration of trademarks, patents, industrial designs and geogrphicmarks are made by Turkish Patent Institute in turkey. Turkish laws and courts protect all registered trademarks, patents, industrial designs and geogrphicmarks. As the client gives us the letter of attorney we can  apply to TPE to make the trademarks, patents industrial designs and geogrphicmarks registered in TPE. We have  authorized attorney for these procedure.  

Clients have to make registered by TPE for all trade mark, industrial designs, patents and geographic Marks as We open a court about companies or person who made fake product, fake designs for your as we apply republic attorney generalship.

PROCESS OF TRADEMARK REGISTRATION

Application of trademark  is made in one day as soon as the client provides us the documents and dues.

Within 30 –40 days pre letter is taken to protect trademark until you  have the registration certificate and to prove apply of application trademak.  (This period takes less than 10 days paying extra fee)

Applicaiton is investigated by experts of TPE whether it is suitable or not as criterion of accordance in 3 to 6 months

As experts of TPE accepts the application of design, it is published in DESIGN BULLETIN. It is to remain in suspense for 3 months for 3. People to object.

If 3. People doesn’t object to published design , we have the registration certificate. This process takes 8-12 months.

We have The registration certificate within 8-14 months.

There is objection right to TPE’s refuse after first  investigation or while it is published in design bulletin  if it would be an objection. Dues has to be paid to TPE and objection process takes 6-12 months.

For final decision of TPE we have the right to open a court tribunal in 2 months.

PATENT OFFICE ATTENDS THESE PROCEDURES FOR THE CLIENTS AND CONSULTS. TPE GIVES THE FINAL DECISION ABOUT THE APPLICATION

HOW TO PREVENT TO REGISTER FAKE TRADEMARK IN TURKEY

Firstly TPE investigates and evaluation between two similar application of trademark.   While investigation of similarity trademark’s itself or similar trademark can be rejected.

Despite invatsigation and evaluations of TPE, registration of similar and fake trademarks are existed. The main reason because of this citutaion is investigation and comment of TPE experts whose inattentiveness  because of workload  in TPE and efforts of imitator to registere    

Certified trademarks  are announced in Officially Design bulletin for 6 mon-ths. In this 6 months anyone can make an objection for unfair competiiton and colorable imitation.

To counteract to imitate of your trademark, you have to follow the bulletin published by TPE every month. You have to make an objection similar trademark with yours. Tis is important  to make permanent protection for your trademark .

Our agency follows the bulletin and inspects to fake trademarks provided that a contrate for one year

YOU CAN CONTACT WITH US TO HAVE INFORMATION AND REGISTER YOUR TRADEMARK

IF YOUR TRADEMARK  AS REGISTERED IN TURKEY IN NAME OF  ANOTHER COMPANY

In Turkey approximate 100.000 registration of trademark exists. Every month is made approximate 1000  new application of registration. Your design may be under risk of registered in name of another company of these 100.000 aplication.

If your design is registered in Turkey on behalf of another company it is important that determine whether registered the coincidence, or bad intention.

Process of law is made a decision at the end of the evalution.

EltutanPatent Office prepares a report about all same desings with your industrial design and it’s legal status.

Eltutan Patent – Law Office employes lawyers, trademark attorney, authority of Turkish courts, engineers who all the expers about trademark, industrail design.

PLEASE DO NOT HESITATE TO CONTACT WITH OUR LAWYERS  FOR ANY QUESTIONS AND ANY PROBLEMS

 
şair Sabri Sk. No:14 Kat:2 Mecidiyeköy/şişli/istanbul Tel: (212) 288 26 22 [email protected] www.ustapatent.com
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