TRADEMARKS
Q – What does a trademark protect?
It is not mandatory to have a trade mark but if you think that your brand or logo have a value in your business, the trademark protects brand names, logos, mottos and slogans to guarantee the rights of usage to the owner of the mark on similar brands that could cause confusion.
Q – Is TURKISH citizenship required to obtain a trademark?
The Turkish IP Law says that besides Turkish citizens or real persons or companies that conduct business in Turkey or persons whom have right to apply according to Paris and Bern Conventions; an international real person or company can apply for trademark application by using a local trademark attorney.
Q – How can I apply for trademark registration?
You can apply by conventional way or use WIPO. But you using a local patent attorney might ease the procedure and could be helpful in further processes in case of objections.
Q – How long does it take to process my order?
We require 4 business days to process all orders. If you require urgent services please contact us for fastened service pricing.
Q – How long does it take to start my brand or logo?
By the time we entered your application to the Turkish Patent system, your protection starts.
Q – How long it takes to get my trademark certificate?
The average trademark examination process takes like 8 months, after it there is a 2 months time to get the signed certificate.
Q – How long does trademark registration last?
Turkish trademarks last for 10 years. After this 10 years period you have the right to renew in in 6 months. If you don’t apply for renew you loose your rights on the trade mark.
Q – Are there any hidden or additional fees to get my trademark?
No. The fees listed on our web site are the total costs (our service fee + government fee) required to get your trademark filed. It is just quick and crystal clear
DESIGN
Q – What do we understand from “design” in Turkey?
Design is a part of a product or a figure, color, texture, line or material on these parts that is distinguished by senses. Most of the products that we daily use or patterns on cloths or bags or house ware can be named as design.
Q – What is in it for me if I have a design registration?
If your design is going to be used in mass production, its easy for the competitors to use it in their products if it is not protected. So if your design is used by others without your permission, you will soon lose your invention leverage easily.
Q – What are my risks if I don’t have a design registration?
First of all your design could be used by every competitor. Also another competitor can apply for registration so you have the liability to prove that it is your design – which is a very long and annoying path.
Q – I have design registration in a county else than Turkey. Do I also have a production in Turkey?
Definitely NO! You have to re-register to have a protection in Turkey to Turkish Patent (TP)
Q – What are the steps of design registration?
There are 4 steps in design registration. Formal examination (that is the control of the application documents if it is suitable or not), application to the design registration and publication of the application, appeal time that is the 6 months period for general similarity appeals, certification which is the end of the process.
Q – How long is the protection period?
The registered designs are protected for 5 years and could be renewed every 5 years for 4 times. That means you have 25 year protection time for your design.
Q – Is the protection worldwide?
No, the design registrations held by Turkish Patent (TP) is only valid in Turkey as same as other countries.
Q – What are my right if I have a design registration certification?
- You can multiply your design via licensing,
- You can transfer your rights to another person or company,
- You have right to go to court for material or moral compensation,
- You can put it in pledge to leverage your business.
Q – How can apply for design registration?
You have to apply via a licensed office like us or trademark – patent – design attorney.
PATENT
Q – What do invention, utility model and patent mean?
Invention is a new way of solving (by a technical solution) a technological problem even in agriculture. Patent is a legal way to protect your technical solution that is your invention. Utility model is a sub-cluster of patent that your invention does not need to be a solution which exceeds the current situation of the technology but must be novel and applicable to the industry.
Q – Where and how can I apply for patent or utility model?
Turkish Patent (TP) is the only authorized office for this. As a real person you can apply directly but it is nice to have a registered patent attorney like Defans Patent to prevent from further formal issues.
Q – What is the language that is used in applications?
All the patent office around the world, use their native language. So you have to apply in Turkish. That is one of the reasons that you have to use a local patent attorney like Defans Patent.
Q – Can I apply for patent for every think that I invent?
Absolutely No! First of all your invention must be novel and applicable to the industry. Also it needs to be a solution which exceeds the current situation of the technology it means any expert in this topic could not easily think same as your solution. To be named as new the invention, before application process, it must not be mentioned – written or verbal – in any medium.
Q – What are the steps for patent or utility model applications?
- Filing the documents: Description of the invention, claims – where and how you can use this invention, abstract that tells the benefits and the figures (if any) are submitted.
- Formal Examination: After filing the application is reviewed that means the form, the application fees, necessary documents are checked whether the invention is suitable for patent or not.
- Search: Whether everything till here is OK the patents search process starts within 12 months starting from the application date.
- Publication: Search report is published in the Official Patent Bulletin for 6 months time a third person can object to your patent application. You have 3 months time to defend yourself. If the Council thinks as you do then the process continues, else your application becomes invalid. There are some cases that the Turkish Patent wants some modifications on the application forms which means you have the chance to have a modified patent.
- Examination: after the search step you have to apply for examination step that is mandatory for prove your inventions novelty, industrial applicability.
- Certification: After fee payment, the certificate is sent to the applicant. This certificate is valid for 20 years as long as its annual fees are being paid in due time. (Utility model protects for 10 years)
Q – What is in it for me if I have a patent?
You will have an economical and technological advantage against rivals. You can transfer or take over your patent. Your invention will be protected legally. You can give license so you start to enjoy the economical advantages. Your patent is your commercial advantage.