By registering your Trademark you will be entitled to prevent all third parties not having your consent (in the course of trade) from;  

- affixing the sign to the goods or to the packaging thereof;

- offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;

- importing or exporting the goods under that sign;

- using the sign on business papers and in advertising.

Within this scope you may; 

-         request cessation or prevention of the acts of infringement,

-         request compensation for damages incurred,

-         request the confiscation of the products and the equipment and machinery used to produce these products, those having infringed the trademark right, the production and the use which is a felony,

-         appeal for the proprietorship over the products confiscated,

-         request the infringer to be sentenced to an imprisonment term of between two and four years and to pay a high amount of fine,

-         request closing down the premises of the infringer(s) undertaking for a period not to be less than one year and preventing them from practising any commercial activity during the same period. 

Similarly, application for any sign which is identical or similar with your Trademark in relation to goods or services which are identical with those for which your Trademark is registered or applied for registration will be refused by the Turkish Patent Institute on its own initiative or upon your opposition. If you use your Trademark without registering it, there is a high risk that the applications for the signs identical or similar with your mark will be accepted.

The mere existence of your mark in your commercial title is not sufficient for effective protection. If you do not want third parties to use your title as their Trademark you should register your title a Trademark as soon as possible.

POWER of ATTORNEY

To make applications before the Turkish Patent Institute as regards Trade Marks, inventions and industrial designs; to obtain certificate of utility models or patent for inventions, to register Trade Marks and industrial designs, to reply oppositions against applications, to file opposition against published applications or registrations; to negotiate compromise offers, to offer compromise, to compromise, to make renewal of Trade Marks and industrial designs; to realize changes of commercial title, address and type in connection with Trade Marks and industrial designs,  change, correction and division of goods in Trade Marks,  payment of annual fees and charges for inventions, to realize transactions regarding licensing offers and compulsory use, certificate of use, compulsory license and contract license; to make payment of charges and fees concerning application, registration and other transactions, to file a request for recording of licensing contracts and assignments to be taken or given with a notary certificate obtained by us with regard to inventions, Trade Marks and industrial designs, to  protect  our  rights  before  the administrative and juridical authorities of the Turkish Republic, to sign all documents, applications, declarations, petitions for these purposes and to mandate others on behalf of us to act   individually        or collectively hereinafter I/we assign as my/our attorneys Levent Patent Marka Danışmanlık ve Eğitim Ticaret Ltd. Şti with its registered office in Konaklar Mah., Akasyalı Sok., No:5, D:8, Levent-İstanbul, Levent Yaralı Turkish citizen Trade Mark and Patent Attorney.

ÖZEL VEKALETNAME

Markalar,  buluşlar, ve endüstriyel tasarımlarla ilgili başvuruları Türk Patent Enstitüsü nezdinde yapmak; başvuruları gerektiğinde geri çekmek, buluşlara patent veya faydalı model belgesi almak, markalar ve endüstriyel tasarımları tescil ettirmek, başvurulara yapılan itirazları cevaplamak, yayınlanan başvurulara veya tescillere itiraz etmek; uzlaşma tekliflerini görüşmek, uzlaşma teklif etmek, uzlaşmak, markalar ve endüstriyel tasarımlarla ilgili yenileme işlemlerini yapmak; buluşlar, markalar ve endüstriyel tasarımlarla ilgili unvan, adres ve nevi değişikliği, markalarda eşya değişikliği, düzeltmesi ve bölünmesi işlemlerini yapmak, buluşlarda yıllık harç ve ücretleri yatırmak ve lisans verme teklifleri ve kullanma zorunluluğu, kullanım belgesi, zorunlu lisans ve sözleşme lisansı ile ilgili işlemlerini yapmak; başvuru, tescil ve diğer işlemlerle ilgili harç ve ücretleri yatırmak, buluş, marka ve endüstriyel tasarımlarla ilgili olarak tarafımızdan noter senedi ile alınacak veya verilecek lisans ve devir işlemlerinin sicile yazılması işlemlerini talep etmek, ihtarname göndermek, haklarımızın korunması için Türkiye Cumhuriyeti’nin idari ve kazai bütün mercilerine başvurmak, adımıza bütün bu maksatlar için hazırlanacak her türlü evrakı, başvuruyu, beyanı, dilekçeyi, formu imzalamak ve belirtilen tüm hususlar açısından başkalarına tevkil verebilmek üzere  Konaklar Mah., Akasyalı Sok., No:5, D:8, Levent-İstanbul adresinde mukim Levent Patent Marka Danışmanlık ve Eğitim Ticaret Ltd. Şti’yi ve aynı adreste mukim Patent ve Marka Vekili T.C. uyruğunda Levent Yaralı’yı birlikte veya münferiden  hareket edebilmek üzere vekil tayin ettik.

Attorney / Vekil                                     :   

LEVENT PATENT MARKA DANIŞMANLIK VE EĞİTİM

TİCARET LTD. ŞTİ. 

ve

Levent Yaralı

Address / Adres                                    :

Konaklar Mah., Akasyalı Sok., No:5, D:8, Levent-Istanbul/Turkey

Assignor            /   Vekil Eden               :

(Full Title/Name)     (Tam Ad/ Unvan)

………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

Address / Adres                                     :

………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………….

Authorised Person/İmzaya Yetkili Kişi :    

………………………………………………………………………………………………………………………….

Stamp and Signature / Kaşe ve İmza   :   

………………………………………………………………………………………………………………………….

No requirement for notary approval. It is sufficient that authorized person(s) of legal entities may fill and sign under the stamp this power of attorney and send the original to us.

Bu vekaletname için Noter onayına gerek yoktur. Tüzelkişilerde imzaya yetkili kişi tarafından doldurularak kaşe altına imza atılması ve orijinalinin tarafımıza ulaştırılması gerekmektedir.

In this sense, the change of address is of particular significance. Since the registry within the Turkish Patent Institute is regarded as an official registry, any notification made to the address registered in this registry will be valid in accordance with the relevant provisions of the Law of Notification. Consequently, in case there is no declaration concerning the change of address in this registry, any notification related to Trademark or any other issue, which is made by the Institute or third parties, to the address in the registry would be considered valid. This situation may cause loss of right and inconveniences for the Trademark owner.

The request for renewal shall be submitted and the renewal fee paid within a period of six months before the last day of the month in which protection ends. In failing this deadline, the request may be submitted within a further period of six months from the day referred to in the previous sentence upon payment of an additional fee.

Trademark protection arisen from the registration will cease to produce effect for trademarks which have not been renewed within six months after the expiry of the period of protection.

They guarantee the source and the quality of the organisation’s goods (services). Trademarks also serve to distinguish between the goods (services) of competing organisations. They can be a powerful, commercial weapon against fair competition and a powerful, legal weapon against unfair competition.
In the case of goods (services) protected by a patent, the build up of a Trademark’s reputation, through sales and advertising, during the period of patent monopoly, can slow or, in some cases, even prevent the erosion of market share that usually follows the end of a patent’s life.

When selecting new Trademarks, a search should be carried out to avoid the possible infringement of the Trademark rights of others. Such a search involves experienced staff searching databases of registered or pending Trademarks in the relevant geographical territories to ensure that there is no identical or similar Mark already in force. The search can be extended if necessary to look for unregistered, common-law, rights. If the search is clear, an application can be filed to register the Mark.

Trademark owners have a right to oppose to any application made for identical or similar Trademark(s) with their own in the same class(es) within 3 months of the publication date of the application. 

For example, the owner of “ABBATE” Trademark may oppose to the later applications likely to be published in the Official Trademark Bulletin for identical or similar Trademarks such as “ABBATE”, “ABA-ATE and “ABAATE” in the same class.

In case there is no opposition made, it is highly probable that signs identical or similar with your Trademark may be registered and used in the market legitimately with the result that you have to face inconvenient situations such as loss of client and income arisen from the likelihood of confusion among the ultimate users. 

As a principle, a design is protected exclusively in the country where it is registered. Consequently, if a Trademark is registered only in Turkey, it will be protected solely in Turkey. 

If you also use your design or have an intention to use it abroad in the future you should make a registration in that country.  

If you do not register your design abroad you may face certain difficulties, such as:

1.  
   1. Identical or similar designs with your design might be used or registered  by the third parties,
   2. In this case your may not be allowed in the customs and may be seized ,
   3. The goods of your design may be confiscated in the relevant country,
   4. You may be subject to legal and criminal proceedings.

In this regard, if you do or have an intention to do importation abroad, it is crucially important to register your design(s) in the relevant country.

Systems of International Registration of Designs :

I- European Community Design

a)Who can benefit from the System

Citizens of the States party to the Paris Agreement (Turkey is party to the Agreement) and/or natural and legal persons who are domiciled or who have industrial or commercial establishments within these States.

b) States of Protection

Protection is available within the following 25 States:

II- Other

If you want to protect your designs in other countries a separate registration proceeding should be started in each country concerned. 

As a principle, a Trademark is protected exclusively in the country where it is registered. Consequently, if a Trademark is registered only in Turkey, it will be protected solely in Turkey. 

If you also use your Trademark or have an intention to use it abroad in the future you should conduct a preliminary Trademark search and make a registration in that country.  

If you do not register your Trademark abroad you may face certain difficulties, such as:

• Identical or similar signs with your Trademark might be used or registered for the identical or similar goods and/or services by the third parties,
• In this case your may not be allowed in the customs and may be seized ,
• Your goods may be confiscated in the relevant country,
• You may be subject to legal and criminal proceedings.

In this regard, if you do or have an intention to do importation abroad, it is crucially important to register your Trademark in the relevant country.

Systems of International Registration of Trademarks

I- Madrid Protocol
Turkey became a party to this Protocol in 1999. Madrid Protocol provides the Trademark owners who apply for international registration with significant opportunities as regards the protection of their Trademarks in the international arena.  

a) Who can benefit from the system?

Every real and legal person who has the citizenship of Turkey and who has a registered Trademark or has applied for registration of a Trademark can benefit from the system.

b) Advantages

• Single application
• Single language
• Payment to single place
• Single Procedure

c) States Party to Madrid Protocol

II- Community Trademark (CTM)

a) Who can benefit from CTM?

Citizens of the States party to the Paris Agreement (Turkey is party to the Agreement) and/or natural and legal persons who are domiciled or who have industrial or commercial establishments within these States.

b) Advantages

1. Single application
2. Single language
3. Payment to single place
4. Single procedure

c) States of Protection

Protection is available within the following 25 States:

III- Other

In order to make the protection available for each State that is not party to Madrid Protocol or European Union Madrid, a separate registration procedure should be operated.  

In this regard, services concerning the preparation, examination and registration within Turkish Patent Institute of the licensing and assignment contracts are available.