Trademark Priority Right in Türkiye (Article 12)

Scope, conditions and legal effects under Turkish law

The priority right is a fundamental mechanism in international trademark law, allowing applicants to extend protection across multiple jurisdictions while preserving an earlier filing date. In Türkiye, this right is governed by Article 12 of the Industrial Property Code No. 6769 (IP Code).

This article provides a structured overview of how priority rights operate in Türkiye, including conventional priority, exhibition priority and the legal consequences of invoking priority.

What is the priority right?

The priority right allows an applicant who has filed a trademark application in one country to file a subsequent application in Türkiye within a six-month period, while retaining the earlier filing date as the effective date.

This means that, for legal purposes, the Turkish application is treated as if it had been filed on the same date as the first application.

Conventional priority under Article 12(1) and (2)

Under Article 12, the following applicants may benefit from priority:

  • Nationals of countries party to the Paris Convention or the WTO Agreement
  • Persons domiciled or having an active commercial establishment in such countries
  • Successors in title of such applicants

Applicants may claim priority based on a duly filed earlier application for:

  • The identical trademark
  • Covering identical goods or services

Importantly:

  • The Turkish application must be filed within six months from the first filing date
  • A priority certificate must be obtained from the authority where the first application was filed
  • Failure to claim priority within this period results in loss of the right

Article 12(2) further extends priority rights to applicants from non-Paris Convention or non-WTO states, provided reciprocity conditions are met in practice.

Exhibition priority under Article 12(3)–(5)

In addition to filing-based priority, Turkish law recognises exhibition priority.

Applicants who display their goods or services under a trademark at:

  • National or international exhibitions in Türkiye, or
  • Official or officially recognised exhibitions in Paris Convention or WTO member states

may claim priority for a Turkish application filed within six months from the date of display.

Key points include:

  • The display must clearly show the trademark in connection with the goods or services
  • If display occurs before the official opening, the priority period starts from the actual display date
  • Where multiple parties display similar goods/services, priority belongs to:
    • The first exhibitor, or
    • If simultaneous, the first applicant

This form of priority is particularly relevant in industries where products are launched at international trade fairs.

The most significant effect of claiming priority is that the Turkish application benefits from an earlier effective date: Third-party applications filed after the priority date may be refused ex-officio if they are identical or indistinguisably similar , or may be refused by opposition if they are found confusingly similar.

In essence, priority right acts as a legal bridge between jurisdictions.

Procedural aspects under Article 13

To validly claim priority in Türkiye:

  • The applicant must explicitly request priority at the time of filing
  • The applicable fee must be paid
  • A certified copy of the priority application must be submitted along with its sworn translation within three months from the Turkish applicaitond date

Failure to submit the certificate within this period results in the priority claim being deemed not filed.

If multiple priority claims are made, the earliest valid priority date will apply.

Interaction with international applications (Article 14)

Trademark applications filed under the Madrid Protocol are treated as if filed directly before the Turkish Patent and Trademark Office.

Key implications include:

  • The international filing date (or priority date) determines precedence
  • Later national applications cannot be used to refuse earlier international applications
  • Conflicts are assessed based on the chronological order of rights

This ensures consistency between national and international trademark systems.

Conclusion

Article 12 of the Turkish IP Code provides a robust framework enabling applicants to extend trademark protection to Türkiye while preserving earlier filing dates. Whether based on prior applications or exhibition displays, priority rights play a critical role in international trademark strategies.

Given the strict deadlines and formal requirements involved, applicants are advised to plan filings carefully and seek professional guidance to fully benefit from the priority system in Türkiye