Turkey: New IP Law for Trademarks/Patents Became Effective January 10, 2017

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Turkey: New IP Law for Trademarks/Patents Became Effective January 10, 2017

A new Law for Trademarks entered into force upon being published in the Official Gazette of January 10, 2017. The Law brings the principles of trademarks, geographical indications, industrial designs, patents and utility models under one roof. These were previously regulated by different decree laws.  The Law also restructures the Turkish Patent Institute under the name of the Turkish Patent and Trademark Institute (“Institute”) and introduces very significant amendments to the legislative environment surrounding each type of industrial property.

Here are some major changes introduced by the new Laws:

TRADEMARKS

  • Colors and sound marks have been included in the definition of signs which may be protected as a trademark.
  • Trademark applications consisting solely of or identically comprising the registered geographical indication will be rejected on absolute grounds at the examination phase by the Institute.
  • Introduction of Consent Letters by which the owner of an earlier trademark may consent to the registration and the use of an identical or similar trademark, later filed for the same or similar goods or services.
  • Opposition Period of 2 months as of Publication Date in the Official Trademark Bulletin
  • Evidence of use for five consecutive years or fair excuse of non-use ( for rights the excuse of non-use period of which are terminated and referred as the bases of a proposed opposition) is to be well grounded if/where requested by the applicant of the contested application.
  • Partial renewal option has been introduced providing the holders the option to renew their trademarks for interested classes only
  • Bad Faith Cited as an Explicit Ground for Opposition and Invalidity

PATENTS

For patents without examination to grant a term of protection of 7 years is no longer a valid type of protection for claim of inventions.

For utility model certificates a statutory novelty search request is now required.

Interested third parties now have the right to file opposition against the publication of search report issued for Utility Model Certificates as an effective tool to lead to the rejection of the said right if/where arguments as discussed are attested to be affirmative.

Evocative of the opposition procedures following the grant of a European Patent, interested third parties now has the right to file opposition within six months for the rejection of a granted patent as of the date of publication of grant.

Annuities are due to be paid as of the third anniversary as of date of actual filing.