Patents National Law
Decree No. 551 (Decree Law) relates to the Protection of Patent Rights. However, inventions that can not be granted are not considered to be patentable inventions.
According to Decree Law 551;
-reaching the known state of the material,
Inventions with such qualities are protected by awarding a patent document.
The following are excluded from the scope of the Decree-Law as they are not inventions:
Discoveries, scientific theories, methods of mathematics,
Plans, procedures and rules for mind, commercial and gaming activities,
Literature and art works, science works, creatures with aesthetic qualities, computer software,
Procedures for the compilation, arrangement, submission and transmission of information,
Surgical and therapeutic procedures applicable to the human or animal body and diagnostic procedures relating to human, animal body,
The dispute is contrary to public order or general morality,
Plant or animal species or plant or animal breeding methods based on substantial biological criteria.
Patent applications are being sought by the TPE for a 1 year innovation criterion. If a product has been invented for over a year, it will be the property of the public and no patent or utility model certificate can be obtained.
A patent application is filed without examination and a research report is sent after the research phase has been completed. As a result of the research, the applicant may obtain a patent for examination and may not obtain a patent for examination and may obtain a patent without examination without a period of protection of 7 years. Undisclosed Patent Documents may search for patents that have been reviewed within 7 years.
Examined Patents
International research has been conducted; New, industrially applicable, skateboards that exceed the known state of the art and examine the files.
In order for your applications to be made;
-The technical drawings of the contact,
-The information of the company, -The information of the owner and
-Tariff name is required.
In the case of depositing the annual renewal fees for protection periods;
7 years without
examination 20 years with review.
Why should I apply for a patent?
Decree Law 551 (Decree Law) is applied only to registered patent and utility models. Inventions that are not registered but are being used in some way are outside the scope of protection. Such inventions are protected according to the provisions of the general provisions, namely the unfair competition of the Turkish Commercial Code. In the following case, patent and utility models that are not registered are not subject to patent right according to the Decree Law 551
How do I apply for a patent application?
Since the most important part of the protection of the application is the part of the claims, special attention should be given to the presentation of the claims to the TPE and the claims should be prepared in such a way as to cover the protection of the claims.
It is possible to apply online by real and legal persons, personally, by post, through proxy or by electronic signature, provided that TPE fill out necessary forms and provide documents. Applying via TPE authorized representatives is more suitable for getting professional advice.
Overseas Patent;
Patents or utility model documents are documents that provide protection in that country if it is obtained in that country. For this reason, a patent or utility model attached to a certificate in Turkey provides protection in Turkey. If protection of the invention is requested in other countries, patent offices of the requested countries should be applied for registration.
If an application made in Turkey is filed within one year from the date of filing of application to other member countries of the Paris Convention and the RIGHTS RESPONSIBILITY is requested during this application, the application date in Turkey and the date of application to the other countries The applications to be made for the invention and the patents to be received are deemed void.
How to Make a Patent Application Abroad
Basically, patent application can be made in three places abroad.
Classic Patent; It should be preferred in cases where the protection is limited to only 2-3 countries.
PCT (Patent Cooperation Agreement): It should be preferred if patent protection is requested in many countries.
EPC (European Patent Convention): It should be preferred only if European protection is considered.
You can get detailed information from our experts.
Who knows to apply to PCT?
Inventors or companies wishing to make a patent application can apply directly to WIPO or they can apply through the national offices of the member countries.
Individuals and legal entities residing in Turkey or Turkish nationals may apply to the Turkish Patent Institute.
How Does the PCT Process Work?
- The PCT application to TPE is sent to WIPO for registration and to EPO for research.
- The applicant is sent a certificate of receipt by WIPO and EPO.
- The research report is sent to the applicant by EPO
- The application is published by WIPO.
- After the application has been published by WIPO, the PCT national phase application can be made to 144 countries by the applicant within 30 months of the initial application (if any).
Overseas Patent Application Shapes
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Design National Law
Everything can be thought about design and generated ideas.
Industrial design means all the visuals on a product. Differences in quality that can be distinguished from similar products on the market can be protected under industrial design registration.
Industrial design must be so different from the end users that it is not confused with other products.
Why do I have to design a product ?
In order to protect a design product in accordance with Decree Law 554, it has to be registered first. Registration is a prerequisite for protection. Unfair competition provisions provide limited protection for unregistered designs, but registration is mandatory in order to obtain the industrial design protection envisaged in Decree Law No. 554. Companies must also produce visual innovations to protect competition from adverse influences and, most importantly, to be superior to competition, and to protect these innovations with design registrations.
How can I make a design?
Product photographs or product illustrations, such as rendered solid models, are sufficient for registration applications.
The protection provided by industrial design registration covers 25 years, provided that the application is renewed every 5 years from the date of application. Industrial designs only provide protection for the countries where they are registered. In this respect, an industrial design registered in Turkey is valid only within the borders of Turkey.
Industrial design studies based on domestic / foreign firms
Domestic / Overseas industrial design registration applications
Tracking the designs of the competitors
Objection to the design applications of the ratios
Preparing an answer to appeals from applicants
Design application-product comparison and evaluation
Domestic / foreign legal transactions related to design
General or comprehensive training
Overseas Design Application
Persons or institutions who want to protect their original designs or designs in other countries must make an application for design abroad within six months of their application date in Turkey. The evasion of this employee means that the chance of protection from abroad is not going to happen.
As with the registration of the same trademark or patent, application for an overseas design application can be made abroad by two main methods (application to individual countries, use of regional or international based collective application systems).
Accordingly, general information on the ways to apply are given below.
If protection is requested in a maximum of 2 or 3 countries, and it is absolutely not possible to operate in a country other than these countries, it would be more sensible to apply individually to countries. The fact that the legal regulations of each country are different means different costs and processes for each country, but this is not a serious problem as the number of countries is low.
Instead of responding directly to requests that have similar qualities that come to us as JR ROSAS LAW FIRM, which we have mentioned above, we are first doing a situation assessment with our partners in the relevant country; Process and cost analysis and compare it with similar work we did earlier, we prefer to inform our clients.
Similar to the Community Mark on Mark (CTM) application, the European Community has been inducting this system since April 1, 2003 in order to ensure that unique designs can be protected by one application in all European Union countries.
One of the most important features of the system is that it provides a certain level of protection against unregistered designs. Accordingly, unregistered designs may interfere with imitation of the original design for a period of three years from the date of disclosure of the design.
The authority authorized to carry out the procedures related to the procedure of the system is the OHIM, which also conducts community trademark registration transactions. (Office for the Harmonization in the Internal Market).
Community design applications may be filed with the citizens of the Member States of the European Union, the World Trade Organization, the Paris Union, or persons who have business activity or residence in these countries (private and legal).
Accordingly, Turkish applications can be filed as Community Design in the capacity of being a member of the Paris Union and the World Trade Organization.
Applicants can be made through a registered trademark agent in one of the community member states as well as in the community mark.
The information and documents required for the application are not different from the standard design application. Accordingly, it is sufficient to fill in the application form prepared by the OHIM for the application, and to submit the information of the applicant and the design visuals. Applications can be made in one of the three official languages of the European Union (English, French or German).
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Trademarks National Law
Legal basis is Industrial Property Law no. 6769, which has gone into effect as of January 10, 2017.
Turkey is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
Nice classification, 11th edition
What is Registrable as a Trademark
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, holograms, motion marks, colour or colour combinations, the three-dimensional form of a good or its packaging and any combination of the mentioned signs, including sound marks graphically represented, but no olfactory marks.
The following trademark types are registrable: trade marks and service marks, collective marks and guarantee marks.
Proceeding of Trademark Registration
The application is filed at the competent National
Patent and Trademark Office (Turkish Patent and Trademark Office).
Multiple-class applications are possible.
Foreign applicants need a local agent.
Power of Attorney is not required, but the Trademark Registry has the authority to require at its discretion.
Foreign applicants do not need a domestic registration.
The examination procedure includes formality examination, classification examination, absolute ground examination which includes prior right search.
The processing time from first filing to registration is approx. 4 to 10 months. The first office action with regard to absolute ground examination is issued in 2 to 5 months, and 1 to 5 months with regard to formalities examination.
The trademark application is published twice a month in the official trademark bulletin “Resmi Markalar Bülteni”.
The trademark is registered at the end of the opposition period, if no opposition was filed or if the opposition was successfully defeated, provided that the registration fee is paid.
Opposition Period
The opposition period is 2 months for trademark applications filed on or after January 10, 2017 which is when the New Law (Industrial Property Law) has entered into force. The opposition period is 3 months for trademark applications filed before January 10, 2017.
Trademark Duration
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable, within six months before the expiration date, for a term of 10 further years.
c-font-18">Grace Period for Trademark Renewal
The grace period for renewals is 6 months following the expiration of the protection term.
Use Requirements
If the trademark has not been used within 5 years from registration date or 5 consecutive years during registration, it may be subject to cancellation. The relevant provision in in the Law (Industrial Property Law) is Article 9/1 and 26/1 (a).
When we look at the whole world, many companies measured in billion dollars are far more than the total value of brand-name business assets. For this reason, it is very important to avoid malicious undertakings against reputation and credibility, as well as against high brand equity. First of all, the mark must be registered in the name of the principal owner. The first step in investing in the mark should be a registration application.
What is a trademark?
A brand is all the markings (letters, logos, figures, phrases, slogans, etc.) that represent an entity's entire existence. The marks that you have fully authorized for the representation of your operator, the legal registration and the certificate to prove this are trademarks.
Why register my mark?
If you do not register your trademark, you can not prevent others from gaining unfair advantage over your investments; You can not prevent them from making any damage to your business which is compensatory for your claim that you have brought your trademark to legal grounds and that you have gained unfair advantage. This is because the person or business that registers the exact same or closely related analogue of your trademark can enforce various sanctions on your business by initiating legal proceedings. Since these and similar situations are quite common nowadays, We advise you to evaluate with our experts in trademark registration before your investment plans. So you will get both your brand and your investments from the very beginning ...
The trademark protection provided to the owner of the trademark is obtained through registration. Trademarks in Turkey are protected according to the provisions of the Decree Law No. 556 on Protection of Markets. It is mandatory for brands to be registered in order to benefit from the effective protection of the Decree Law No. 556.
How can I register my mark?
The only institution authorized for trademark registration in Turkey is the Turkish Patent Institute. It takes an average year to process a trademark registration application made to the Turkish Patent Institute with a trademark registration certificate. At the end of this process, many brands are rejected because they are not suitable for the mark. For this reason, it is necessary to investigate and interpret whether the registered trademark is suitable for trademark registration before the application.
Before the trademark registration application, you are free to preliminarily investigate whether the required expressions are registered on behalf of another person. JR ROSAS LAW FIRM can make your trademark registration transactions by communicating with a specialist staff consisting of profoundly thoughtful, highly analytical professionals, each specialized in their field.
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