IS MY TRADEMARK PROTECTED BY THE LAWS?
Turkeyis a state of Paris Convention. As a result of this participation the general outline of the regulations and principals regarding the IP rights is the same as in many other signatory countries. The trademark rights are protected both by general rules and special acts. Turkish Laws provide several regulations for different types of intellectual property rights. However, those special determinations are applicable only if an intellectual property is duly registered with the relevant authority. The rights over a trademark are protected by the Trademark Act in case that trademark is registered with the Trademark Office. If it’s not registered, it’ll be protected by the general rules of Commerce Code regulating the unfair competition.
WHY SHOULD I REGISTER A TRADEMARK IF IT’S PROTECTED EVEN IN ABSENCE OF A REGISTRATION?
The protection by the Trademark Act is much more effective and detailed compared to the Commerce Code. In addition to the general courts, there are specialized IP courts dealing with only IP related conflicts enforcing the special act such as Trademark Act. Those courts are authorized to deal with registered IP rights. If you prefer not to register your trademark, you’ll have to apply with the general commerce court in case of an infringement which will result a big time consumption and less rights granted by the general rules. On the other hand the specialized courts are way faster and the enforcement of the Trademark Act grants much more rights.
DO I HAVE TO BE USING THE TRADEMARK IN ORDER REGISTER IT?
Turkish Trademark Act does not require the applicant to be using the trademark as of the application date. The registration is valid for a period of 10 years during which, no authority questions whether the trademark is used or not. However, if the trademark is not used for a period of 5 years without any good cause acceptable by the law, a third party may ask the cancellation of the trademark. Therefore, it’s a good idea to get your trademark registered just in case you are planning to get into the Turkish market in future; but you have to be careful about the 5 year period.
WHAT’S THE COST OF AN APPLICATION PROCEDURE?
The trademark application fee is $ 75,- per class. In case the application is accepted, an additional fee of $ 240,- is required for the registration process and the deed. Those applicants who are not domiciled in Turkey must authorize a Turkish trademark attorney in order to file an application with the Turkish Trademark Authority. The attorney’s fee for application very between $ 150,- and $ 300,- totally depending on the circumstances.
WHAT ARE MY RIGHTS IN CASE OF A TRADEMARK INFRINGEMENT?
In case you notice a trademark infringement against your rights, you are entitled to file a law suit claiming the following in addition to the Criminal Court Procedure:
Prevention of the infringement actions,
Compensation of general damages,
Restraint of all the products bearing the infringing trademark and all the production equipment,
The ownership of the above restrained products and equipment (in which case the value thereof will be deducted from the compensation fee), the publication of the court resolution the expense of which will be reimbursed by the defendant.
The infringement may be subject to a penalty of up to 4 years totally depending on the infringing party’s position and intentions.
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כותב המאמר הינו עו"ד ברקין גולטקין (Barkin Gultekin) ממשרד עו"ד Gultekinאשר פועל בטורקיה. משרד עו"ד Gultekinהינו משרד המעניק שירותים משפטיים בטורקיה ומחוצה לה בתחומים הבאים: דיני תקשורות, הגבלים עסקיים, בוררות, פשיטות רגל וחדלות פירעון, משפט מסחרי, סימני מסחר וקניין רוחני, מיזוגים ורכישות, ניירות ערך ועוד.
דוא"ל:bgultekin@gultekinhukuk.com
אתר המשרד:www.gultekinhukuk.com
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