How long does it take to process an uncomplicated trademark application?
Typically, it takes 6 to 8 months from the time of filing until the trademark is registered (2 months examination stage, 2 months publication stage, 2 months decision phase if no opposition is filed, 1-2 months registration and certification stage). Both an objection and an ex-officio rejection may need 6–8 months, plus the same amount of time for appeals.

What information and documents must be supplied to achieve a filing date?
For a filing date, the following should be submitted.

• The name, title, and address of the applicant;
• A trademark sample with a minimum size of 512x512 pixels and a resolution of 300 DPI;
• A list of the goods and services; and
• Payment of the application cost.

The formalities officer issues and sends a deficiency letter if any of the aforementioned requirements are not satisfied, asking the recipient to remedy the missing item within two months after receiving notification of the deficiency letter. The filing date will be changed to reflect the completion of all required documentation, including payment.

Is it feasible to submit multiple-class applications for trademark registrations?
The applicants may submit claims for goods and services under more than one category (multi-class trademark application). There is no restriction on the number of classes that may be claimed, therefore applicants may include all 45 classes in the same trademark application. The applicants must then pay the official fee for each requested class.

How are the official costs associated with submitting a trademark application determined?
The number of classes is used to determine the official fees. For each claimed class, the applicants shall pay the same price. The amount of the filing fee is unaffected by the number of items or headings that are asserted within each class, the type of trademark application (color, device, word, 3-D, etc.), or the nature of the entity, legal or natural.

Is there a benefit to traditional trademark registration (by the national process) over international registration?
The protection offered by an international registration is equivalent to that offered by a national registration, hence national registration does not take precedence over international registration. However, compared to local applications, Madrid designations have the following drawbacks-

• The registration process through Madrid designation can take up to 18 months, but local applications can result in Turkish trademark registration in 4-6 months (assuming no resistance is filed).
• In the case of the Madrid designations, TURKPATENT does not inform the oppositions, depriving the applicants of the opportunity to respond to the oppositions.
• If applicants' trademarks have been registered for more than five years, they may not be able to assert a non-use argument against opposing trademarks since TURKPATENT does not inform oppositions.

Is it necessary to translate or transliterate a brand into Turkish in order to utilize it and register it as a trademark?
Latin alphabets are used in writing in Turkey. As a result, Latin-based trademarks of foreign origin are registered exactly as they appear in their native tongue. No translation of a trademark from a foreign language into Turkish is necessary, regardless of whether the trademark is printed in Latin characters or not, as Turkish Brand Law does not require the disclosure of the trademark's meaning.
However, the Turkish Patent and Trademark Office requires the conversion of a trademark into Latin letters if it is expressed in an alphabet other than the Latin alphabet, such as Cyrillic, Japanese, Chinese, etc. (TURKPATENT).

What does the Turkish Industrial Property Code's definition of a trademark mean?
The Turkish Industrial Property Code provides the following definition of a trademark: A trademark may be any sign, including words, personal names, symbols, colors, letters, numbers, sounds, and the shape of goods or their packaging, so long as the sign is capable of distinguishing the goods or services of one undertaking from those of other undertakings and is represented on the register in a way that clearly and precisely identifies the protected subject matter.

Is it feasible to register non-conventional trademarks in Turkey, such as 3-D, odor, sound, or motion?
According to the Turkish Industrial Property Code, it is permissible to register non-conventional trademarks (3-D, odor, sound, or motion) in Turkey. Although the Code permits it, the registration process is rather difficult. The application will likely be rejected initially, and the applicants will need to appeal the decision and provide evidence that the non-traditional mark they are requesting has become unique in the Turkish market.

Is Turkey a color mark acceptor?
Although the concept of a trademark in Turkish law allows for the registration of a color as a trademark per se, doing so in practice is very challenging. As a result, it is quite likely that a mark of a single hue will be rejected, and applicants will need to demonstrate that the color has become unique in the market for the goods or services for which registration is sought.
If a color is registered along with a combination of words, figurative elements, or images, protection cannot be granted. In other words, color should be asserted solely as a component of the trade mark in order to secure registration. Since the color is registered in Turkey, the Turkish public should be taken into account and should be able to tell that the applicant is where the color came from. When submitting a trademark application that solely claims "color," it must be made clear in the application form, and the color code (pantone code) must be supplied.

When submitting an application, should I provide a trademark description?
No, while filing a trademark, a description is not necessary.

What are the benefits and drawbacks of registering a trademark in Turkey in color or black and white?
Particularly in light of the legitimate use of a trademark, it makes sense. As opposed to colorful variants of the same mark, the European Trade Mark and Design Network EUIPO's Common Practice for black and white (B&W) or grayscale marks has been accepted by Turkey. With the following evaluation criteria, the said practice specifically clarifies how the actual use of a trademark is handled. If the following conditions are met, a change in color alone does not modify how distinctive the trademark is.
The main distinguishing characteristics of the mark are that-

• The word/figurative elements coincide and are the main distinctive elements,
• That the contrast of shades is respected,
• That the color or combination of colors lacks distinctive character on its own, and
• That the color is not one of the main factors in the mark's overall distinctiveness.

The same rules that apply to trade marks in black and white for proving genuine use also apply to trademarks in grayscale.

What is the Turkish phrase for publication?
The Turkish Trademark Bulletin publishes trademark applications for a two-month period so that third parties may object.

Should I appoint a Turkish trademark agent to represent me in Turkish trademark proceedings?
Anyone with a residence in Turkey, whether they are a natural person or a legal company, is eligible to initiate any action (filing, opposition, appeal, etc.) before the Turkish Patent and Trademark Office without first appointing a trademark agent. For all procedures before the Turkish Patent and Trademark Office, natural or legal persons or companies who do not have Turkish residency shall be represented by a Turkish trademark agent.

How does the Turkish Jurisdiction approach the priority claim?
Priority may be asserted over one or more earlier trademark applications submitted by natural or legal persons or entities that are citizens or residents of countries that have ratified the Paris Convention or the World Trade Organization (WTO) or who have established operations in those countries. Priority may be asserted within six months of the initial filing.
Together with the Turkish trademark application, the priority claim (containing the number, date, and country of the preceding application) must be filed, along with the appropriate fee. Within three months of the day the Turkish trademark application was filed, the original priority certificate and its certified Turkish translation must be presented.

What categorization scheme does the Turkish Patent and Trademark Office employ?
The classification of the goods and services in trademark applications is done in accordance with the Nice Agreement Concerning the International Classification of Goods and Services.

What products and services do applicants choose and specify when they submit a trademark application to the Turkish Patent and Trademark Office?
For trademark applications, there are two alternative approaches to specify the goods and services. According to the Nice Agreement, the applicants may specify the goods and services under the standard heading of each class mentioned by the Turkish Patent and Trademark Office.
Without relying on the predefined sections, applicants can also specify their own list of goods and services. The products and services should be highly particular, explicit, and not include any general phrases in relation to the claimed goods and services in the case of the applicants' specific list of goods and services. If not, it should be anticipated that the applicants will receive office action requiring them to identify the products and services using specific terminology or to resolve any ambiguity regarding the relevant goods and services, which will materially lengthen the registration process. Use of the TMclass tool or Madrid MSG tool is advised for creating the specific list of goods and services.
As a matter of fact, applications with standard headings move up more quickly than those of specific lists of goods and services.

Are there any specific requirements for Class 35 retail services?
Yes, it is unacceptable to refer to the items under Class 35 in general terms or to use phrases like "variety of commodities." It is necessary to specify the goods. Consider what follows-

• Inappropriate- It is inappropriate to group various products together for the purpose of allowing buyers to easily browse and buy them (said services provided with retail, wholesale stores, electronic medias, catalogues and other similar methods).
• Appropriate- The grouping of the products "..." in a way that makes it easier for customers to view and buy those products for the benefit of others (said services provided with retail, wholesale stores, electronic medias, catalogues and other similar methods).

Can trademark applications that contain mistakes be amended?
Spelling mistakes and glaring mistakes can be fixed upon request. Corrections that alter the trademark's species, its name, or its list of products and services are not permitted.

Upon submitting a trademark application, does the Turkish Patent and Trademark Office conduct an ex-officio examination?
Yes, ex-officio examination based on the absolute reasons is performed by the Turkish Patent and Trademark Office. Examining for identicalness or resemblance is likewise covered by the examination based on the absolute grounds. The applied-for trademark is rejected if the Turkish Patent and Trademark Office discovers a previous identical and confusingly similar trademark.
In reality, unless the trademarks in contention are extremely similar, the similarity examination is only cursorily carried out. In other words, if the similarity is highly contestable, the examiner in charge permits the application for the trademark to be published. If any resistance is made by third parties, the stringent similarity examination is carried out during the examination based on related grounds.

Is it feasible to file a letter of consent to overturn a refusal based on absolute grounds due to prior identical or confusingly similar trademark(s)?
The refusal can be overturned by submitting a letter of consent from the owner of the previous trademark or trademarks.

If a trademark application is rejected by the Turkish Patent and Trademark Office for reasons that cannot be disputed, are there any appeal procedures available?
The applicant has two months (non-extendable) from the notification of the decision of rejection to file an appeal with all the arguments and evidence if the trademark application is refused ex-officio based on the absolute grounds. The appeal cost must be paid within the same window of time. No additional arguments or evidence may be submitted after filing an appeal.

If the trademark application successfully completes all of the stages (formal and substantive exams, opposition proceedings, publication stages, etc.), what is the requirement for registration?
Within two months after the decision to register, the registration cost must be paid. After paying the registration money, you should receive the registration certificate in around 2 months. The certificate is only delivered in electronic form; a printed copy is not included.

What is the duration of a trademark registration's protection in Turkey?
Ten years from the application date is the duration of registered trademark protection. This tenure may be extended for additional ten-year intervals.

In order to maintain a registered trademark after a particular amount of time has passed, is it necessary to file a Declaration of Use, Excusable Non-Use, or similar document?
No, filing a Declaration of Use, Excusable Non-Use, or similar document is not necessary to demonstrate the use of, or to justify the non-use of, a registered trademark and maintain it (see the non-use effects under Trademark Oppositions in Turkey and Trademark Cancellation Actions in Turkey)