Frequently Asked Questions
What is the Trademarks?
Brand results, in short; a company’s name, products, and services, separate from other business’s names, products, and services, legally and acquisition of right ownership and superiority over the registered brand. Contact names, words, numbers, and similar signs constitute the brand. The brand can be displayed with drawings or it can be expressed in similar forms. It can contain all kinds of signs that can be published and reproduced by the printing method.
What does the Trademarks registration mean?
On behalf of the registrant or the company, unfair use is prevented. Applications that are submitted to the Turkish Patent and Brand Office. Brands that have not been challenged within a two-month period or, if any, whose brands have been concluded by a refusal decision, are definitively accepted by TURKPATENT.
What do Trademarks Classes mean?
Just as sectors have separate names, there is a classification system covering the goods and services of these sectors for brand registration processes, and accordingly, the protection of brands can be ensured. The goods and services class list consisting of a total of 45 classes, is called NICE classes due to the “ NIS Agreement on the international classification of goods and services for the purpose of brand registration.” adopted in 1995.
Before starting brand registration procedures, the brand class list should be examined in detail and the goods and services that are required for the brand should be determined. Before applying, research will be conducted in the classes that will be determined during the preliminary research, and the status of the brand that previously covered the same class or brands at a level that may interfere with its registration will be investigated. One thing to note about the brands that will be investigated is that a brand that was registered while the previous class list was in force may have changes in its numbers in the current class list. In the first acceptance of the brand, the goods, and services class list consisting of 42 classes, was changed to 45 classes after 2000.
I do not have a company, Can I register a brand as a Person?
The fact that you do not have a company certainly does not mean that you cannot apply for a brand individually, thus personally. The brand registration applications can also be made on behalf of individuals and there is no obligation to be a merchant. However, if the registered brand is not used for a justified reason within five years from the date of registration, or if its use is interrupted continuously within a five-year period, the relevant brand may be canceled. Cancellation lawsuits filed by third parties against the brand owner are evaluated and decided in Intellectual and Industrial Rights Courts. If you do not want to face such cancellation decisions, we recommend that you be in a position to use your brand in the relevant classes and not apply for unnecessary classes that you will not use.
When will my brand be protected?
For a brand application, the protection period begins as soon as the necessary documents are entered into the Turkish Patent and Brand Office. This period is recorded in years, months, days, hours, minutes and seconds.
Two brand applications cannot be made at the same time. For this reason, applicants can request a preliminary article and use this preliminary article in the transactions that they will make during the time leading up to the brand registration certification issuance processes. For example; TSE Applications, COM.TR. It is possible to use these prefixes in domain name registrations and similar processes.
The document indicating that the brand application has been processed is received on the same day. Depending on the intensity of your pre-writing requests, the relevant documents is ready within 3 or 4 days.
Can there be more than one person who owns a brand?
More than one person or legal entity can apply for brand registration. For each applicant, an individual owner number is created. Application files are prepared by The Turkish Patent and Brand Office. Then, in the applications made by the same person or legal entities, owner tracking and recognition are provided through the same owner number.
Brand protection becomes effective only if the brand applications of citizens of the Republic of Turkey or individuals or legal entities operating in industrial or commercial activities in Turkey, or citizens of states that are parties to the Paris Convention or the World Trade Organisations Establishment Agreement, are protected.
Although it is not related to the paragraph described above, individuals or legal entities of foreign states that have recognized brand protection by law or de facto for persons who are citizens of the Republic of Turkey, in accordance with the reciprocity principle, can benefit from brand protection in Turkey in the same way.
How long does it take to renew a brand registration certificate?
Brands are protected as of the day of the registration application and are registered on the 10th day corresponding to the registration date. Brand registration can also be considered property, it can be transferred, sold, and passed on to heirs as an inheritance. A renewal application can be submitted 6 months before the 10-year period expires. If it is desired to be renewed after the expiration of the 10-year period, the transaction can be made by paying the penalty fee.
How much does it cost to register a brand?
We can examine the cost required for brand registration procedures under two main headings. The tuition fee per class that the Turkish Patent and Brand Office receives for applying for a brand is fixed, it is changed once a year, the official tuition fees are published at the beginning of each year on the Turkish Patent and Brand Office’s brand.
The Proxy fees may vary in the applications to be made to the Turkish Patent and Brand Office. This is completely specific to brand registrars or brand attorneys. It is impossible that the cost of one surrogate is the same as that of another.
Depending on the number of classes of the brand to be applied for, the application fee is determined and deposited, and when the decision is made on the document related to the brand, the document editing fee must be deposited. This tuition fee is also fixed again and does not vary depending on the classes.
Will the name be a brand?
Brand, a company’s goods and services to differentiate their goods and services businesses another reason for including the name of a person with words, figures, letters, numerals, or packaging of goods, such as drawing with the format can be viewed or expressed in a similar manner, the published and includes any sign that can be reproduced by printing. For this reason, there is no obstacle to preventing the registration of people’s names as brands.
To give an example, many famous artists such as Seda SAYAN, Cem YILMAZ, Beyazıt ÖZTÜRK have registered their names as brands and protected them. The name belonging to Mr. Beyazıt ÖZTÜRK can be protected by brand registration, as well as names, such as “ Beyazıt ÖZTÜRK 2018” or “ Beyazıt ÖZTÜRK SHOW” can be protected by brand registration.
In addition to artists, merchants operating as real persons can also protect their names in the field of activity in which they work. In sectors, such as construction, media, and real estate, there are quite a lot of examples of this field.
How long does it take to complete the brand registration processes?
It is not possible that clearly specific time is required for the registration of brands. The documents sent in accordance with the brand application are examined by the Institution and the form is entered into the examination processes and the application receipt letter is prepared. The list of goods is organized, and sent to the brand specialist, according to the expert’s decision, the brand is published in the brand bulletin which he can see and object to by third parties. If there is no objection to the newsletter within two months, the decision to register the brand is taken. It should be noted that the average process, registration of a brand, takes from 6 to 7 months.
For a brand to be registered, the most time-consuming process is expert review and appeal (appeal to the expert decision, appeal to publication) cases. In order not to prolong the brand registration process, it is necessary to evaluate and examine the preliminary research processes of the brand to the smallest detail before applying. It is very important for you that the preliminary research of the brand is carried out by brand attorneys or brand experts working in the brand registration office. Because if a specialist researches your brand and makes the necessary determinations, you can get a report on whether the brand can be bought, possible risks, and whether you can recoup the cost will you spend on applying for a brand from the brand registration offices for free. In addition to brand registration offices, you can also conduct preliminary research on the website of the Turkish Patent and Brand Office. In applications made from the Internet environment, some of the new semester applications are not reflected in the system because they do not appear or cannot be commented on due to the lack of a brand class list. Bilgi Patent, with its expert staff, can conduct preliminary research on your brand and follow other processes as needed to ensure that your brand is registered without any problems. Please call us to get services or information about this topic.
Can I register my logo and slogan together with my brand?
In brand application processes, a logo (figure) or slogan can be registered together with the brand, as well as a slogan or logo (figure) can be applied, lonely.
Companies use often logos (figures) in order to keep in recognition and catchiness of their brands at the forefront, which is constant. As an example of this topic, sportswear brands, and emblems. Considering the logos of the two most sold brands that are manufacturers of sports shoes, it is clear that the emblems that have been used are enough to make many consumers remember the brand, even alone.
You can be sure that we can provide you with the best service by providing information for your logo or slogan registration processes.
Is it possible to transfer the brand?
It is possible to transfer brands to another person or institution. In the transfer agreement, the brand registration number, registration date, classes in which the transfer is intended to be performed and the brand must be clearly indicated. The transfer agreement must be signed in the presence of a notary and transferee parties must be present at the notary. The brand that is requested to be transferred can be transferred completely or partially. Even if the transfer process is completed by a notary, if it is not registered with the Turkish Patent and Brand Office, the brand transfer is considered invalid.
If you are thinking of transferring your brand, as Bilgi Patent, we can help you with our expert brand attorneys. You can contact us by using our WhatsApp numbers or landline phone numbers in our contact information.
What does the right of priority mean?
The pre-emptive right may arise from the fact that the same brand has been duly applied for before in a different country or has been exhibited at exhibitions.
If an application is made using a priority right within a six-month period, the applications within the same scope that another person or institution may make as of the date of birth of the priority right and the provisions of brand registrations to be made on behalf of them are invalid.
Who is the Trademarks attorney?
Before the Turkish Patent and Brand Office, they represent clients on issues related to industrial rights, provide consulting services and perform the necessary entries and procedures to ensure the protection of industrial rights.
Proxies, in a Turkish Patent and Brand Office, client rights establishment, protection of transactions with them and seeking any relevant supply, installation and execution are responsible.
Real or legal entities, also can make an application for brand registration; registering the trademark brand of Turkish Patent and Brand Institution agents by avoiding possible mistakes that may occur through the proxy, and the moral and material damage by preventing the loss of time you can apply for brand registration.
What is a Patent?
A patent is a document issued under the protection of the Turkish Patent and Brand Office in the event of a brand application by the inventor. Unless the inventor gives permission, it is not possible for others to produce, use or sell this invention depending on certain periods of time.
An invention that has been patented, like other goods that can be the subject of purchase and sale, which can be rented, becomes the property of the patent owner. In this way, the inventor can have the right to their invention in the country where he/she has received his/her patent. Therefore, a patent or utiliy model certificate obtained in Turkey allows you to have rights only within Turkey. In order to obtain protection abroad, it may also be preferable to apply for PCE.
What are the differences between a Patent and a Utility Model?
Except for chemical matters and procedures, utility model registration can be granted for products with technical development that are subject to a patent. Inventors who want to obtain protection for the products they have developed at a much lower cost and with shorter procedures may prefer not to apply for a utility model. The most important thing to consider before registering a utility is that an application should not be made for non-new products. Even if a utility model certificate is obtained by submitting an application for non-new products, if it is proved by third parties that the product is not new, a utility model certificate obtained through a court is canceled.
Can I get a patent for my brand?
There are differences between brand registration and patent registration. Therefore, it is not possible to obtain a patent for your brand. The reason why this question is mostly asked is that the concepts of brand and patent are not known with a full meaning. A brand is a name given to phrases, shapes, letters, numbers, and all kinds of signs that make up the goods and services of enterprises, having a distinctive feature. Brands are registered by the Turkish Patent and Brand Office. A patent is a general term used to protect the technical characteristics of inventions.
How to prepare the patent application, What should I pay attention to?
Before applying for a patent, it is very important that the file is prepared in an absolute manner accompanied by a patent attorney. Even the slightest mistake made in preparing the patent file that can save the future of the company or person who will apply for a patent, make a difference to their competitors, can lead to restriction of patent rights, facilitate patent infringement or lose their validity in the future. Regarding the preparation of your patent file, which is capable of generating large sums and will provide full protection for 10 years (for the utility model) or 20 years (for the patent) depending on the type of application, the fee to be paid to the patent attorney should not be underestimated.
Technical and legal information is important in the preparation of patent files. These files have their own unique formats. So, in order to follow the preparation of the patent documents and registration processes, even if they are not essential to work with a patent attorney, patent registration and registration procedures in addition to the importance of the preparation of the file will contain a complex process of approximately 3 years, for reasons quite important to work with a patent attorney and useful.
How can I choose a professional patent attorney?
Pay special attention to whether the patent attorney you are choosing is competent and has the necessary knowledge of patent legislation and processes.
At this point, the work of a patent attorney with a lower fee should not be decisive for you. You need to get the right compensation for the costs you have incurred. Therefore, make sure to choose a patent attorney you can trust and feel comfortable with. Avoid jeopardizing the future of your invention.
Is there a proxy requirement to apply for a patent?
There is no obligation to submit a proxy when filing patent applications. However, since the filing of a patent application and the follow-up subsequent processes require important technical and legal knowledge, it is essential for applicants who lack the necessary technical/legal knowledge to work mainly with a patent attorney. These proxies are certified persons who are not any proxies and who are registered in the proxy register of the Turkish Patent and Brand Office and who have succeeded in the proxy examination.
How much are the patent costs?
It is not possible to give an exact number for a patent application. The fees that will be paid in the process after the application is submitted and in the case of obtaining the document may vary, and for the period of 10 or 20 years following the receipt of the patent, annual fees will also be paid. If you contact us via our website or by phone, we will be able to provide you with any necessary information, including price information. In addition, if you want to obtain protection by applying for patents abroad, these fees vary. The fees that must be paid may be different amounts for the country where protection is requested. However, thanks to the PCT system, you can also apply for all foreign patents completely free of charge through as, with the encouragement of TUBITAK.
Before applying to the Turkish Patent and Brand Office for my invention, I notarized my invention. Would I have obtained legal protection in this way?
Unfortunately, it is not possible to obtain a patent right with the text of the invention that you have certified from a notary. The Turkish Patent and Brand Office is the only authorized institution in Turkey that provides patent or utility model protection rights to your inventions.
How can I investigate whether my inventions are unique or not?
Before applying for a patent for your invention, it is necessary to conduct a preliminary investigation of whether your invention is new. If you contact our company about this, you can be sure that the necessary research related to your invention will be carried out by the experts of the subject.
What kind of information is in the patent documents?
These documents contain technical information written as clearly and in detail as an expert in the invention can apply the invention when he reads this description, as well as technical drawings if the application has been added.
What advantages would I have by protecting my invention with a patent?
Production can be carried out for any invention with or without a patent certificate. However, a patented invention may not be produced, sold, or traded internally or externally by another person or entity without the permission of the inventor. In relation to a patented product, there are legally burdensome compensation responsibilities for activities that will be carried out without permission from the applicant.
Special Rights; the patents that have been applied for are exclusive to the owner only and cover the rights related to the use, production, and sale of the invention for 20 years as of the date of application.
A Strong Area in the Market; Thanks to the acquisition of special rights, other people or institutions can be prevented from using your registered patent commercially. In this way, you can increase your competitiveness and move your place in the area to the top.
Conversion of Investments to Profit; In order to produce and develops products, a significant amount of time and money is invested. With the special rights granted thanks to patent protection, you can convert your investments and other business-related expenses into profit.
The Possibility of Concluding a License or Transfer Agreement Related to the Invention; If you do not want to manufacture your invention yourself, it is possible to generate income by providing a license or transfer agreement with another company.
A Positive Image; The excess of your patent number will clearly show that your company has a high level of expertise and your technological superiority in terms of capacity. In this way, your area value will naturally rise.
Is patent information published?
Patent or utility model applications are published 18 months after the application date. If the applicant requests an early publication, this publication may be pulled much further forward. Our Office also carries out all the necessary technical and legal information and guidance related to the publication in a way that will be in the best interests of its clients.
Can software be patented?
Since computer programs are not inventions, they cannot be the subject of a patent
When is it necessary to pay the annual fees? What happens if it is not paid?
When a patent or utility model is registered, its annual fee must be paid to the Turkish Patent and Brand Office in order for the protection continues for 2 years after the date of filing the application. After that, every year once year, this fee must be paid in the same way. If these annual fees that must be paid are not paid within their legal period, the patent or utility model right expires. Our Office also performs the processes and processes of tracking the payment of annual fees for patents/utility models smoothly on behalf of its clients.
How long are the patent protection periods?
The patent provides protection for a period of 20 years, and the utility model for a period of 10 years.
What is the priority right?
If the inventor requests that his invention be protected in more than one country, another country will have the right to apply for the same invention within a 12-month period after any country has also applied for the first patent. This right is called the priority right. The inventor may request the priority right that he wants to take advantage of together with his application or within two months from the date of application. If it does not issue the certificate of priority right within three months from the date of filing the patent application, it is considered that it does not request to use the priority right.
When I get a patent, will I get protection all over the world?
When you get a patent, you won’t get protection in every country. For your invention, you can obtain protection in accordance with the national laws applicable in each country. However, through the PCT (Patent Cooperation Agreement), all this foreign registration process is easily carried out by our Office with the encouragement of TUBITAK.
What are the patentability criteria? What inventions can be protected by a patent?
The criteria sought for inventions that can be protected by a patent are as follows;
- That is new.
- Exceeding the known state of the technique. (Having an invention step)
- Applicability to industry.
Innovation; is an absolute innovation in the sense that it was not explained by others in writing or orally before the application was submitted.
Overcoming the known state of the technique is that the invention is of such a nature that “ a person who is an expert in its field cannot easily out it into practice by thinking.
Applicability to industry means that the invention, instead of being completely therotical, can be produced or used in industry in practice.
Inventions that carry these three criteria are protected by patent.
Are there any issues and inventions that cannot be patented?
Since the following are not inventions, they are outside the scope of patent protection, and a patent cannot be given if protection is requested for them.
- Discoveries, scientific theories, mathematical methods;
- Plans, procedures, and rules for intellectual, commercial and gaming activities;
- Works of literature and art, works of science, creations with an aesthetic narure, computer software;
- Procedures that do not have technical aspect related to the compilation, presentation and transmission of information.
- Surgical and treatment procedures that will be applied to the human or animal body, as well as diagnostic procedures related to the human and animal body.
The following inventions are not protected by patent:
- Inventions whose subject is contrary to public order or general morality.
- Plant or animal species or methods of growing plants or animals based on a significant biological basis.
What are the reasons for the termination of the patent right?
- Expiration of the protection period;
- Refusal of the patent owner from the right to patent;
- Non-payment of annual fees and charges within the specified periods;
I manufactured a machine in Turkey. I want to apply for a patent. Can I protect my product with a patent or utility model?
Surely, you can protect. If the working logic of the machine you have produced does not exist in any way in the world and the machine you have made has a great advantage over its counterparts, we recommend that you apply for a patent. However, if the machine you produce is already available on the market and your machine differs from others only in certain details, we recommend that you apply for a utility model. As a result, the answer to the question of whether it is appropriate to apply for a patent or a utility model will be found after the expert examination of the patent attorney.
I have made material changes to certain parts of the machine or assembly. Will it be the subject of a utility model?
The answer to this question differs depending on the type of modification made. Generally, simple changes to the material (such as making a piece of aluminum that is steel) cannot be protected by a utility model or patent due to the fact that it is not an invention if it does not really provide an advantage. On the other hand, if there are innovations in terms of content in the material used (such as changing the material alloy to produce a lighter, but more durable material), such inventions/innovations can be protected by a patent.
I have made an invention. What happens if I don’t apply for a patent/utility model?
If you have an invention that you believe is new, we recommend that you take it under protection immediately. Otherwise, some malicious competing company or persons may seriously narrow your area share by immediately going down the path of imitation related to your product, perhaps by launching your invention at much lower prices. Again, these people can also put you in a difficult position by applying for a patent/utility model before you for your invention. In such a case, it may take years for you to prove otherwise because there is no previous application from you.
I am applying for a utility model. But the competitor company is applying a utility model by making small changes and it is affecting my market. How can I avoid this situation?
The most important here is the content of the changes made by the competing company. The considerations of whether the utility model of the competing company is really a new invention, whether it really has a technical advantage over its peers, should be evaluated as a result of the opinions of an expert proxy.
Competitors of patent or utility model application, your patent or utility model violates the competitor’s patent/utility model patent appeal was published in the official bulletin at the stage where you need to.
We carry out all these follow-up and objection processes on your behalf with our competent attorneys and experts as Bilgi Patents.
What Can I Do If Another Company Started Using a Registered Brand in My Name?
You can carry out all the necessary legal appeals processes in this regard in the most effective way and easily through highly competent lawyers and brand representatives within Bilgi Patent. In the same way, you can safely follow your complaints, warrants, evidence determination, injunctions, defense, and litigation processes in a way that covers all legal stages with the help of Bilgin Hukuk, who has nearly 30 years of experience within B Corporate.
What Can I Do If Another Company Started Using a Non-Registered Brand in My Name?
If you have a product supply to the market or offer a service, the official registration of your brand, which is the name of that good and service is vitally important for the future of your commercial life. For this reason, we strongly recommend that you complete your brand registration process without delay.
An unregistered brand can also be legally protected, but this requires advanced evidence of outdated use. In order not to be subjected to the burdens of proof in this way, the rapid registration of a brand is a must for any commercial enterprise.
For the protection of your registered or unregistered brand by administrative or legal means, Bilgi Patent and Bilgin Hukuk are always with you with their experienced and wide staff.
How Can I Find Out If There Are Similar Brands To The Brand I Registered?
All newly submitted brands are published twice a month on the official website of the Turkish Patent and Brand Authority. However, regular and proper follow-up of these new brands, which may be similar to your brands requires special expertise, attention, and time. The submission of the necessary objections in this regard is subject to short periods of time. If the necessary objections are not submitted in a timely manner, there will be the registration of similar brands. Therefore; your trade will be damaged, the relevant consumers will confuse your goods and/or services, and as a result, your earnings will decrease significantly. Bilgi Patent is always with you with its large and professionals staff in the process of following all these bulletins/publications properly and without errors and submitting the necessary objection petitions as they should be prepared and submitted in due time.
How Can I Register a Brand Abroad?
Brand registrations are national or regional. Therefore, if brand registration protection is desired in other countries, it is mandatory to register individual brands in each country or some regions. Otherwise, in that country where the brand isn’t registered your brand remains unprotected and can be registered by another person or company in that country/region. In this way, that company can prevent you from using your brand in that country and significantly reduce your market share. For these reasons, we carry out the application and follow-up processes of your foreign brand registration procedures which are essential for your economic continuity in foreign countries where you have trade, in the most error-free and serial manner as Bilgi Patent. All details about these issues, you can easily learn from our office and start your related processes, immediately.
Is It Necessary To Submit a Replication If someone Objects To My Brand Registration Request Due to the Similarity of the Brand or Logo?
There may be objections by third parties to the parties to apply. Although these objections are sometimes based on a genuine brand resemblance, they can also be unfounded many times. In case of such an objection, it is very significant to submit the necessary counter-opinion/defense petition within the period of time in terms of the fate of your brand registration. In this way, you can reduce related objections and ensure registration. Bilgi Patent is always happy to be with you in this regard with its brand proxy lawyers who are extremely competent in their field.
Is There a Judicial Authority Try the Disputes?
All decisions regarding brands, designs, patents, and useful models, positive/negative decisions made as a result of all administrative procedures carried out by the Turkish Patent and Brand Authority, are ultimately open to the litigation before the court of intellectual and industrial property rights.