This provides comprehensive guidance for applying for and registering trademarks in Türkiye.
What Qualifies as a Trademark?
Under the Turkish Industrial Property Code (Article 4):
A trademark may consist of any sign capable of distinguishing goods/services and being represented clearly in the register.
This includes:
- Words and names
- Logos and shapes
- Colors
- Sounds
- Packaging
Non-Traditional Marks: Possible but Difficult
While legally recognized, the following are difficult to register:
- 3D marks
- Sound marks
- Motion marks
- Scent marks
Applicants should expect initial refusal and must prove acquired distinctiveness.
Filing Requirements: Securing a Filing Date
To obtain a filing date before the Turkish Patent and Trademark Office (TÜRKPATENT), the following are mandatory:
- Applicant details (name/title and address)
- Trademark sample (min. 512×512 px, 300 DPI)
- List of goods and services
- Payment of official fees
If any element is missing, the Office issues a deficiency notice. The applicant has 2 months to complete the file.
Multi-Class Applications
Türkiye allows multi-class trademark applications:
- No limit on the number of classes (up to all 45 Nice classes)
- Each class requires a separate official fee
Official Fees: How They Are Calculated
Fees are class-based:
- The same official fee applies for the first and second classes
- A slightly higher fee applies for the third and each additional class
- Fees are not affected by:
- Number of goods/services
- Type of mark (word, logo, color, 3D, etc.)
- Applicant type (individual or company)
Language & Transliteration Rules
- Marks in Latin alphabet: no translation required
- Marks in non-Latin scripts (e.g., Cyrillic, Chinese):
→ Transliteration into Latin characters is mandatory
Goods & Services Strategy
Applicants may:
- Use standard class headings provided by TÜRKPATENT based on the Nice Classification
- Draft custom specifications (must be clear and precise)
Vague terms may trigger office actions and delays. Precision at filing is critical.
Special rule for Class 35 (retail and wholesale services)
- “Variety of goods” is not acceptable
- Goods must be specifically listed
Corrections and Amendments
- Minor errors (typos) can be corrected
- Core elements cannot be changed:
- Trademark itself
- Goods/services list
Priority Claims
- Based on the Paris Convention for the Protection of Industrial Property
- Must be claimed within 6 months of first filing
- Certified copy of the prior application/registration must be filed within 3 months, with sworn Turkish translation
WIPO DAS is not accepted.
Examination Process
TÜRKPATENT conducts ex officio examination based on absolute grounds, including:
- Non-registrable signs
- Lack of distinctiveness
- Descriptiveness
- Identical or indistinguishably similar earlier marks
- Generic or commonly used trade signs
- Functional or value-driven shapes
- Deceptive signs
- Prohibited signs under the Paris Convention
- Signs of public interest
- Religious symbols
- Signs contrary to public policy or morality
- Geographical indications
Practical notes
- Most refusals arise from identical earlier marks and descriptiveness
- Identical mark conflicts are assessed relatively narrowly
- A notarized letter of consent may overcome such refusals
- Descriptiveness is examined strictly
- Non-distinctive marks may proceed if acquired distinctiveness is proven
Relative grounds (similarity conflicts) are primarily handled through opposition proceedings.
Publication & Opposition
- Applications are published for 2 months
- Third parties may file oppositions during this period
Registration & Protection
- Registration fee must be paid within 2 months after approval
- Certificate issued electronically (approximately 2 months)
- Protection term: 10 years, renewable indefinitely
How Long Does It Take?
A straightforward trademark application typically takes 6–8 months:
- Examination: ~2 months
- Publication: 2 months
- Decision (no opposition): ~2 months
- Registration: 1–2 months
Possible delays
- Opposition: +6–8 months
- Appeals: +6–8 months per stage
Representation Requirement
- Turkish residents: may act directly
- Foreign applicants: must appoint a Turkish trademark attorney .
A well-prepared application not only accelerates registration but also strengthens enforceability. In Türkiye.
