Ata Patent Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent has assembled an experienced group of Turkish trademark law attorneys to help clients obtain, protect and enforce intellectual property rights including trademark application in Turkey. Our Turkish trademark attorneys provide a broad range of trademark services including; search, application, registration, assignment, renewal and protection such as litigation, appeal, opposition, cancellation, infringement, monitoring, and licensing.

Clients trust us with their Turkish and global trademark portfolios, which often contain hundreds of marks, because we are known for devising strong, enforceable brands. When our clients’ brands are threatened, we handle infringement, dilution, unfair competition, and other trademark disputes in all legal forums, and the removal of infringements on social media, websites, and online retailers such as Hepsiburada, Gittigidiyor, N11 and Amazon Turkey.

Trademark registrations are now more important than ever given that trademark registration rights are required to remove infringements on social media, online retail sites, and domains, and scam sites.  We understand how new technologies affect brand strategies, including social media, contextual advertising, and affiliate network advertising.

Turkish Trademark Law

Ata Patent’s Turkish trademark attorneys handles trademarks for a wide range of companies, large, small, domestic and foreign in Turkey. We draw on our significant experience and blend it with a realistic understanding of the business environment so as to wisely, but practically, apply the law to meet clients’ trademark needs to yield commercially viable solutions. Further, we manage our trademark practice with a team of skilled lawyers and legal assistants in order to provide our clients with customized, client-focused services that are prompt, proactive, and value-added.

Collectively, Ata Patent offers our clients the full range of legal services encompassed by a branding strategy:

  • Trademark application in Turkey
  • Prosecution and maintenance of trademarks in the Turkey.
  • Principal and supplemental registrations
  • Counseling, including trademark use and portfolio management
  • Transactions, such as licensing, assignment, and franchising
  • Due diligence arising from various transactions involving trademarks
  • Trademark infringement analysis
  • Civil litigation including infringement, dilution cases, and counterfeiting
  • Turkish Patent and Trademark Office litigation, including opposition and cancellation

In an economy largely driven by brand recognition, establishing and protecting company names and trademarks is critical. Today more than ever, a business’ unique identity, reputation, and brand provide tangible return-on-investment and a critical competitive advantage. A well thought out and executed branding strategy can yield significant income based on the perception of one’s trademarks in the market place.

To permit our clients to capitalize on their brands and trademarks, Ata Patent’s Turkish trademark attorneys assist our clients in identifying, evaluating, and protecting important trademark properties to help them achieve the most effective protection for their proprietary trademarks and service marks. Further, we help our clients develop coherent brand strategies for registering and protecting their marks, in both the manner and jurisdictions that afford the greatest protection and in the context of their business goals and their budgets. In this regard, our attorneys manage multinational trademark portfolios and work with an extended network of trademark attorneys and agents in every significant market and jurisdictions around the world.

Turkish Trademark Law

Turkish Trademark Application

Ata Patent handles trademark application in Turkey, opposition against a trademark application, and trademark infringement law suits for a wide range of companies. We draw on our significant experience and blend it with a realistic understanding of the business environment so as to wisely, but practically, apply the law to meet clients’ trademark needs to yield commercially viable solutions. Further, we manage our trademark practice with a team of skilled lawyers and legal assistants in order to provide our clients with customized, client-focused services that are prompt, proactive, and value-added.

To permit our clients to capitalize on their brands and trademarks, Ata Patent attorneys assist our clients in identifying, evaluating, and protecting important trademark properties to help them achieve the most effective protection for their proprietary trademarks and service marks. Further, we help our clients develop coherent brand strategies for registering and protecting their marks, in both the manner and jurisdictions that afford the greatest protection and in the context of their business goals and their budgets. In this regard, our attorneys manage multinational trademark portfolios and work with an extended network of trademark attorneys and agents in every significant market and jurisdictions around the world.

Ata Patent global trademark counseling incorporates all of the various registration vehicles available to its clients. Our attorneys have routinely counseled clients on the pros and cons of the international registration system for trademarks. Likewise, we work with our clients to develop strategies for “first to file” countries and “first to use” countries, as well as “use based” countries and “intent-to-use” countries. And of course, our attorneys have an intimate knowledge of Turkish Trademarks Code, known as the statute that encompasses trademarks.

The services of Ata Patent’s trademark lawyers go beyond the protection and defense of trademarks to the broader field of unfair competition law, including trade dress infringement, false advertising, deceptive trade practices, misappropriation, passing off, defamation, right of publicity, parody, counterfeiting, and related issues.

Turkish Trademark Application Services

The trademark services we offer our clients begin at a mark’s inception. At the first stage of development of a branding strategy, we provide assistance in the identification of potential marks. In today’s crowded market, choosing potential marks that can mature into a unique, competitive brand name is often daunting, particularly when there is a desire to marry a mark with an available domain name.

We offer educational seminars in the proper selection of trademarks. In this early stage of development, we also conduct clearance searches to determine the availability of trademarks. We offer our clients proactive advice during the selection process and render clearance opinions on marks of interest. We draw upon our extensive litigation experience to guide our approach to counseling, prosecution, enforcement, ad review, and due diligence.

Of course, brand recognition is often more than just a word or logo. Ata Patent attorneys have significant experience in trade dress, package design, graphics, product configuration, collective membership marks, certification marks, trade names, Internet domain names, and even the use of color or sound as a trademark.

Further, our counsel draws upon the interplay between intersecting bodies of intellectual property law, such as copyrights, design patents, and utility patents. For example, we have experience in handling the full scope of Internet and e-commerce issues that can erode one’s trademark rights, including data-mining, hyper-linking, domain name disputes, metatags, cyber-squatting, pay-for-placement, and web-related copyright and trademark infringement.

Trademark Application Services in Turkey

In an economy largely driven by brand recognition, establishing and protecting company names and trademarks is critical. Today more than ever, a business’ unique identity, reputation, and brand provide tangible return-on-investment and a critical competitive advantage. A well thought out and executed branding strategy can yield significant income based on the perception of one’s trademarks in the market place.

Collectively, Ata Patent offers our clients the full range of legal services encompassed by a branding strategy:

  • Selection and clearance of trademarks
  • Prosecution and maintenance of trademarks in Turkey and Europe
  • Principal and supplemental registrations
  • Counseling, including trademark use and portfolio management
  • Transactions, such as licensing, distribution, private labeling, and franchising
  • Due diligence arising from various transactions involving trademarks
  • Trademark infringement analysis
  • Civil litigation including infringement, dilution cases, and counterfeiting
  • Turkish Patent Institute litigation, including opposition and cancellation

Ata Patent global trademark counseling incorporates all of the various registration vehicles available to its clients. Our attorneys have routinely counseled clients on the pros and cons of the international registration system for trademarks. Likewise, we work with our clients to develop strategies for “first to file” countries and “first to use” countries, as well as “use based” countries and “intent-to-use” countries. And of course, our attorneys have an intimate knowledge of Turkish Trademarks Code, known as the statute that encompasses trademarks.

The services of Ata Patent’s Turkish trademark attorneys go beyond the protection and defense of trademarks to the broader field of unfair competition law, including trade dress infringement, false advertising, deceptive trade practices, misappropriation, passing off, defamation, right of publicity, parody, counterfeiting, and related issues.

Trademark Services in Turkey

Other Trademark Services in Turkey

The trademark services we offer our clients begin at a mark’s inception. At the first stage of development of a branding strategy, we provide assistance in the identification of potential marks. In today’s crowded market, choosing potential marks that can mature into a unique, competitive brand name is often daunting, particularly when there is a desire to marry a mark with an available domain name.

We offer educational seminars in the proper selection of trademarks. In this early stage of development, we also conduct clearance searches to determine the availability of trademarks. We offer our clients proactive advice during the selection process and render clearance opinions on marks of interest. We draw upon our extensive litigation experience to guide our approach to counseling, prosecution, enforcement, ad review, and due diligence.

Of course, brand recognition is often more than just a word or logo. Ata Patent’s attorneys have significant experience in trade dress, package design, graphics, product configuration, collective membership marks, certification marks, trade names, Internet domain names, and even the use of color or sound as a trademark.

Further, our counsel draws upon the interplay between intersecting bodies of intellectual property law, such as copyrights, design patents, and utility patents. For example, we have experience in handling the full scope of Internet and e-commerce issues that can erode one’s trademark rights, including data-mining, hyper-linking, domain name disputes, metatags, cyber-squatting, pay-for-placement, and web-related copyright and trademark infringement.

Trademark Appeals Services

Trademark Appeals Services

Ata Patent handles trademark registration, opposition against a trademark application, and trademark infringement law suits for a wide range of companies. We draw on our significant experience and blend it with a realistic understanding of the business environment so as to wisely, but practically, apply the law to Turkish Patent and Trademark Office (TPO) is the administrative authority dealing with the intellectual property rights registration process in Turkey. TPO has separate departments for trade marks, patent and designs. The decisions of these departments may be appealed within two months, and the Re-examination and Evaluation Board of TPO gives the final decision in the administrative process.

All final decisions of TPO are subject to statutory audit. Objectors may file a lawsuit against unfavourable decisions before the specialised Civil IP Court in Ankara, which is the competent court for all cases filed against TPI. This lawsuit must be filed within two months of the notification of TPO’s final decision.

Ankara Civil IP Court decides the correctness or cancellation of the final decision of TPO. There have been many cases, and TPO has recently started to give acceptable decisions through the continuous improvement and consolidation of case law. The IP Court of the first instance and the Supreme Court play a big role in establishing and maintaining legitimacy and stability in this field, which is quite new for all practitioners.

Trademark Assignment Services

Trademark Assignment Services

Ata Patent’s Turkish trademark attorneys have represented both the assignees and assignors in various trademark assignments for trademarks that were registered in Turkey. Our attorneys some times prepared assignment agreements for our clients and follow up the assignment procedures. In some cases, our attorneys proceeded with an assignment that was prepared in the assignee/assignor’s country.

In general, trademarks are typically transferred by assignment during the acquisition of a business or business division, and when a business attempts to gain greater, more senior rights in a certain mark to gain an advantage over a competitor. Both scenarios can foster an invalid transfer of a trademark regardless of the intentions of the parties involved.

In the business acquisition, the buyer of a business reasonably expects to receive the trademarks that represent the acquired business and serve as the repository of goodwill for the business. If the trademark is one that is recognized by the customers of the acquired business, or any portion of the public, then it is an asset with substantial value, albeit one that is difficult to quantify.

Similarly, the seller of a business should reasonably expect to part with the attendant trademarks that promote and identify the business, and may expect to receive a premium for them if the trademarks are particularly well known within a definable market. Properly executed, a trademark assignment allows the assignee to step into the shoes of the assignor, gaining whatever goodwill the assignor has built up, and whatever priority the assignor has in the mark against others.

The second situation, the priority contest, usually results from a declared or impending trademark infringement dispute, where two or more businesses using the same trademark are competing for the sole ownership rights to the mark. Because trademark rights in Turkey are determined by priority in time, an enterprising company will often attempt to acquire an assignment of an older, identical trademark in order to establish a pattern of use that predates that of its competitors. Sometimes the buyer in this situation will intend to use the purchased trademark as a part of its business. Typically, the purchaser in this scenario intends to buy a form of priority as an asset.

Trademark Opposition Services

Trademark Opposition Services

An opposition is a proceeding in which one party is seeking to prevent registration of another party’s trademark. If Turkish Patent and Trademark Office (TPO) approves that a trademark application meets the criteria of a trademark, the application will be published in the Official Trademark Bulletin, so that it will be made available to the public for review.

In this case a trademark application will be published for 2 months. During this period of 2 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPO to object a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches a copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.

To successfully prosecute an opposition, the opposer must plead and prove two things that he is likely to be damaged by a registration of the mark; and there are valid grounds as to why the trademark applicant is not entitled under law to register.

In terms of pleading, all the opposer needs to do is set forth in the notice of opposition a short statement showing how he would be damaged by registration of the trademark, and state his grounds for opposition. The opposer is bound by the grounds pleaded in its notice. Neither administrative tribunals nor the courts will consider grounds not previously raised in the notice of opposition or cancellation.

Such opposition and the documents enclosed thereto will be sent to the applicant or its attorney in order to enable them to prepare an answer. The applicant or its attorney must present its answer to Turkish Patent and Trademark Office within 1 month after receiving the above mentioned opposition.

Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPO.

Any person who believes that he would be damaged by the registration of a trademark may file an opposition before Turkish Patent and Trademark Office within two months of the publication of said mark.

Trademark Refusals Services

Trademark Refusals Services

Turkish Patent and Trademark Office (TPO) reviews each trademark application, and if it concludes that the application has the characteristics needed to be a trademark i.e. if it distinguishes the goods or services of a given business from the goods or services of another business, does not look like a trademark already registered or for which a registration application is pending, does not state type, choice, nature, quality, quantity, purpose, value and geographical source, is not a sign used by everybody in commercial activities, does not contain a religious value or symbol, and is not contrary to the public order and general morality, TPO will decide to publish the application in the Official Trademark Bulletin.

If a trademark application is refused by TPO’s one of trademark examiners after such review, the applicant is entitled to appeal the said refusal by filing an appeal petition to the Re-Evaluation and Examination Board (REEB) of TPO within 2 months from the date on which the said refusal has been notified to the applicant. If the applicant does not use this right within 2 months, its application will be canceled and its right to appeal will be revoked.

If TPO approves that a trademark application meets the criteria described above, it will be published in the Official Trademark Bulletin, so that it will be made available to the public for review.

In this case a trademark application will be published for 3 months. During this period of 3 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPO to object a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches a copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.

Such opposition and the documents enclosed thereto will be sent to the applicant or its attorney in order to enable them to prepare an answer. The applicant or its attorney must present its answer to Turkish Patent and Trademark Office within 1 month after receiving the above mentioned opposition.

Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPO, so that REEB will decide either “application will proceed” or “application will partially proceed” or “application rejected“.

Trademark Renewals in Turkey

Trademark Renewals in Turkey

In order to prevent the cancellation of a registered trademark, trademark owners are required to periodically file their trademark renewals documents with Turkish Patent and Trademark Office at 10 years following the date of registration, and every ten years thereafter.

Fulfilling trademark renewal and maintenance can be a particularly daunting task. Ata Patent offers solutions designed to alleviate the repetitious and administrative burden associated with trademark renewals management.

Our trademark renewals solution is flexible and can be tailored to integrate with and improve your existing workflow. In coordination with clients’ legal counsel, where required, Ata Patent’s dedicated team of trademark paralegals, we can support all facets of the renewal and maintenance process including:

  • Storage of trademark registration particulars
  • Renewal Reminders
  • Formality requirements and supportive documentation
  • POA and Signature Management
  • Document Legalization and Authentication
  • Agent instructions and confirmation of renewals
  • Consolidated invoices

Trademark Search in Turkey

Trademark Search in Turkey

One of the most important steps in trademark registration procedure is to conduct an extensive trademark search in order to identify potential conflicts with existing trademarks and as a confirmation that your trademark is almost available for registration.

That’s why, it is recommended as the first step in determining whether your trademark is available for use. Alternatively, you may conduct it by officially requesting from Turkish Patent and Trademark Office.

Here, you may search registered trademarks as well as published trademark applications in Turkey. A good trademark search which identifies potential conflicts includes existing trademarks in Turkish market, company name registers and pending trademark applications & registrations before Turkish Patent and Trademark Office. When analyzing a trademark search report, it is important to take into consideration a number of factors to determine whether your mark is infringing on or likely to be confused with another trademark; such as similarity, company names, company services, classification and degree of confusion likely to be exercised by the purchasers.

It is important to understand that a trademark search cannot provide you with a definitive “answer” as to whether or not your proposed trademark is available for use and registration. It does, however, arm you with information regarding potential risks associated with the mark which effect your decision in the use and registration of your mark, which, in turn, lead you investing money for alternatives to save time.

It is also important to note that a trademark used or registered earlier in Turkey may also pose an obstacle to registrationThe adoption of a trademark confusingly similar to a trademark currently in use by other may give rise to a claim for infringement and litigation.

We also counsel our clients on the proper use and protection of trademarks, and create individualized trademark use guidelines for clients to help them maximize the strength of their marks. Our trademark attorneys routinely speak at industry events and conduct in-house seminars to educate our clients on the various issues involved in creating and protecting a valuable brand.

Reach us for Turkish Trademark Law Inquiries

Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management.  We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, litigate in IP courts and before TPO. For a free consultation you may reach our trademark attorneys for Turkish Trademark Law by sending an e-mail or through our Contact page.