General
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
|
Albania· |
Estonia· European Community· Finland· France· Georgia· Germany· Greece· Hungary· Iceland· Iran (Islamic Republic of)· Ireland· Italy· Japan· Kenya· Kyrgyzstan· Latvia· Lesotho· |
Liechtenstein· Lithuania· Luxembourg· Monaco· Mongolia· Morocco· Mozambique· Namibia· Netherlands· Norway· Poland· Portugal· Republic of Korea· Republic of Moldova· Romania· Russia Federation· |
Serbia· and Montenegro Sierra Leone· Singapore· Slovakia· Slovenia· Spain· Swaziland· Sweden· Switzerland· Syrian Arab· Republic The Former Yugoslav Republic of Macedonia· Turkey· Turkmenistan· Ukraine· United Kingdom· United States of America· Zambia· |
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
- Single application
- Single language
- Payment to single place
- Single procedure
c) States of Protection
Protection is available within the following 25 States:
| Austria· Belgium· Cyprus· Czech Republic· Denmark· · Estonia · Finland · France · Germany |
· Greece · Hungary Ireland· · Italy · Leetonia · Lithuania · Luxembourg · Malta · Netherlands |
Poland· Portugal· Slovakia · Slovenia· · Spain · Sweden · United Kingdom |
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.