FAQs on Trademark Renewals in Turkey
FAQs on Trademarks in Turkey
When is the renewal fee for a Turkish trademark registration due?
The renewal fee for a Turkish trademark registration becomes due every ten years on the anniversary of the filing date. It may be paid within the six-month period preceding the renewal due date.
When does the renewal period open for a Turkish trademark registration?
The renewal period opens six months before the renewal due date. Accordingly, a trademark registration may be renewed at the earliest within this six-month period prior to the due date.
Is there any grace period for payment of a renewal fee?
Yes, if payment of a renewal fee is not made in due time, it may still be validly paid within 6 months of the due date, provided that a surcharge (typically 50% of the renewal fee) is paid.
Is there any possibility for restoring the rights in case of failure to renew a trademark registration in the prescribed time limits?
No, if renewal fee for a trademark registration is not paid in due time and within the six-month grace period following the due date, trademark rights will be irrevocably terminated.
Is it possible for the entities whose place of business are located abroad to request for renewal of a trademark registration directly, without using a Trademark Agent?
No, renewal of a trademark registration should be paid by a Turkish Trademark Agent?
Is Power of Attorney required for renewing a trademark registration?
If a trademark registration will be renewed for all the goods and services, Power of Attorney (PoA) is not required for renewal.
If a trademark registration will be partially renewed for some of the goods and services, Power of Attorney (PoA) clearly covering the authorization for partial renewal is required.
Where a trademark registration is renewed by a Trademark Agent other than the Trademark Agent in the trademark registry, is the Trademark Agent requesting the renewal is recorded as agent for service?
Not actually unless otherwise requested specifically, i.e. the trademark agent in the registry still remains as agent for service even if the renewal is made by another trademark agent.
Is it possible to partially renew a trademark registration?
Yes, a trademark registration can be renewed partially for some of the goods or services only.
Upon payment of renewal fee, does TÜRKPATENT issue any official communication or certificate confirming renewal of trademark registration?
Yes, TÜRKPATENT electronically issues a renewal certificate. No printed certificate is provided.
When is renewal certificate expected to be issued and sent by TURKPATENT?
Renewal certificate is typically issued and sent by TÜRKPATENT within one month following the request for renewal.
When a trademark registration is deemed to be renewed duly?
Upon payment of renewal fee, the formalities officer examines the request for renewal and records the renewal request if there is not found any deficiency in respect of the request for renewal.
Is simply payment of renewal fee sufficient for renewing a trademark registration?
No, request for renewal should be submitted within the prescribed time limits; otherwise, the trademark is deemed not to have been renewed in due course and loss of rights occurs.
When will be renewal effective?
Renewal will be effective from the day following the date on which the previous protection period ends.
Is renewal published in the Turkish Trademark Bulletin?
Yes, renewal is published in the Turkish Trademark Bulletin.
Is it possible to renew multiple trademark registrations at once?
No, each trademark registration should be individually renewed.
Does number of classes or number of items of goods and services affect the amount of official fee?
No, official fee is fixed without regard to the number of classes or the number of items of goods and services.
Which documents and/or information are required for renewing a trademark registration?
If a trademark registration will be renewed for all the goods and services, a request form for renewal and information regarding the payment of the renewal fee is sufficient for performing renewal.
If a trademark registration will be partially renewed for some of goods and services only, the followings should be submitted:
- a request form for renewal including a list of goods and service for which renewal is requested,
- information regarding the payment of the renewal fee,
- a Power of Attorney clearly covering the authorization of Trademark Agent for partial renewal,
- a declaration confirming the partial renewal by the right holders in the registry.
If the required documents and information for partial renewal are not duly submitted, the trademark registration is renewed for all the goods and services by TÜRKPATENT without further notification of deficiency.
In the case of a collective trademark registration, is the renewal request of one of the right holders sufficient for completing the renewal?
If a collective trademark registration will be renewed for all the goods and services, the renewal request of one of the right holders will be sufficient. If a collective trademark registration will be partially renewed for some of the goods and services, all of the right holders should take action together for renewal.
If there is any possibility to oppose the same or confusingly similar trademark application based on the trademark registration lapsed due to lack of renewal?
Yes, it is possible but only trademark applications filed within two years from the end of the protection period and provided that the lapsed trademark has been genuinely used during those two years.
Does the entity status decrease official fee?
No, legal and real entities should pay the same amount of official fees. Furthermore, any reduction is not allowed in terms of the size of a legal entity.
Where schedule of the official fees for trademarks can be reached?
TÜRKPATENT shows the schedule of official fees in its official website www.turkpatent.gov.tr
. Please click here to see the official fees.
Do you need advice?
We will be pleased to assist you and provide the necessary advice in response to your inquiries. Please feel free to contact us!
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