Changes to Turkish Intellectual Property Law

With the new Intellectual Property (IP) Law no. 6769, in force as of January 10th, 2017, there came a few changes to the IP system in Turkey. As of now, the registration of IP assets in Turkey is now faster and more reliable. The main changes consist of the following:

• Letters of consent can now be accepted – Previously, a refusal notice could not be overturned by filing a letter of consent of previous rights’ owners. This regular procedure in most jurisdictions is now allowed in Turkey.
• Proof of use requirement – The applicant of a pending trademark registration can now request the opponent to file a proof of use. However, the applicant may only request this document if the trademark has been registered for more than five years.
• Changes of average time for publication – All trademark applications must now be published within a two-month period, while all design applications must be published in three months.
• Trademark and Design renewal – Any renewal must be filed until the absolute date.
• Return of trademark cancellation through non-use – An interested party may now request the Office to end an active trademark registration due to non-use for a period of five years.
• Changes now apply to all registrations – A change of name or address of an applicant will now apply to all trademarks of the same applicant.
• New trademark types – Color, sound, 3-D and Motion Trademarks may now be registered in Turkish territory.
• Grace Period – Owners of lapsed trademarks may now file new applications based on prior rights within a two-year period following the lapse of the previous trademark.
• Mediation period – The PTO may now suspend an opposition or appeal to give the interested parties time to find an amicable solution to the conflict.
• Broader Trademark protection – Trademark owners may now act, in IP courts, against other conflicting rights such as company names, keywords or domains based on their prior trademark rights.