Intellectual property rights are protected by the Turkish law and a special attention is given to the patents and trademarks. If you need to register a trademark for your business in Turkey you should go to the Patent Institute where you can also register patents, license agreements and other documents related to intellectual property rights.
For registration, you must send a written request and the documents necessary in order to protect your rights and then you should wait nearly one year until the procedure is finished and the registration is done. The documents needed for registration are different for a real person and for a legal entity.
What documents do you need?
For a real person, it is necessary to present a copy of his passport for identification and for a legal entity – a certificate of activity. For the trademark you want to register, you will need a description and models of it. You don’t have to go in person to the Patent Institute, you can give the power of attorney to a person you trust in order to follow the procedure of registration. The power of attorney will be drawn up in front of a public notary in Turkey. If you choose to have the power of attorney abroad, the document must be apostilled according to the Hague convention.
In order to be all very clear for the Turkish clerks, you must claim clearly the category in which your goods or services trademarks will be included. The Turkish clerks will check if another person or other entity registered before the same trademark and then they will let you know if there is any problem. If somebody else registered that trademark before you, then you should go to the court in order to obtain the cancellation of the first registration, if you are the real owner of that trademark.
What court is responsible for violation of the intellectual property rights?
In Turkey there is Intellectual Property Rights Court that handles such cases. If you have problems with your trademark during the procedure of registration, you should know that your rights are protected since the day you submit all the documents for registration and your request to the Patent Institute. You may take legal action if somebody uses your trademark without your consent.
If you need legal advice regarding the protection of your intellectual property rights for your products or services in Turkey, you can contact one of our Turkish lawyers.