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cizgi bos The Decree Law No. 556 pertaining to the protection of Trademarks has entered into force in Turkey on 27th June 1995. The new Law has brought the following modern provisions: Registered TM protection system, protection of service marks, registration after examination and opposition, absolute grounds for refusal, relative grounds for refusal, exhaustion of the rights conferred by a registered TM; publication of the applications, opposition by third parties, 10 year term of protection which can be extended by unlimited times of renewal, infringement procedures, compensation of damages against infringement, establishment of special courts.

MINIMUM REQUIREMENTS

20 copies of the trademark (5x5 to 8x8 cm), a receipt for payment of fees and a petition for application containing information on: if not in Turkish, the meaning and the pronunciation of the trademark, the list of goods and services according to Nice treaty classification, Applicants name, nationality, address, etc. Priority application's country, date and number (if any)

PROCEDURE

The first step is the examination of the application as to the compliance with the formal requirements. If there are no deficiencies, the application is given a filing number and date. Otherwise, the applicant is requested to remedy the deficiencies within 2 months and if the applicant remedies the deficiencies within the prescribed time limit the application is given a filing date and number, otherwise it is deemed not made. The second step is the examination of the application as to absolute grounds for refusal. The notification of the examiner is received in about 8 months after the filing date. If the application complies with the conditions, the notification states that the application will be published in the Trademark Bulletin for opposition purposes and if there is no opposition by third parties, the applicant is requested to pay the sealing fee within 4 months. If the application does not comply with the conditions, the notification states that the application is refused in respect of all or part of the claimed goods and services, in such a case the applicant has 2 months for filing a response. If applicant's arguments are accepted the second notification states that the application will be published in the Trademark Bulletin for opposition purposes. If not, the notification states that the application is refused in respect of all or part of the claimed goods and services, in such a case the applicant has 2 months for filing an appeal.

OPPOSITION

After the publication of the decision of grant in the Turkish Trademark Bulletin, the third parties have 3 months for opposition purposes. The opponents are not parties to the proceedings. In case the opposition is not taken into account or not well founded the trademark application is granted and in case the opposition is taken into account and found well founded by the examiner the trademark application will be rejected.
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