Applicant

A person (individual, legal entity) having an enterprise may apply for the registration of a mark. Foreigners: natural and legal persons domiciled or having an industrial or commercial establishment within the territory of the Turkish Republic, or being a national of or domiciled in or having a serious and effective industrial or commercial establishment in a Paris Convention member country, or having application rights resulting from the provisions of the Berne Convention or the Agreement Establishing the World Trade Organization (WTO), may apply for and obtain registration of a mark in Turkey; natural or legal persons not belonging to any of said categories may still be entitled to apply for and obtain registration, provided they are nationals of States according protection to nationals of Turkey. Applicants not residing in Turkey must appoint an admitted trade mark agent in Turkey.

Legal Effect

Only registration confers exclusive proprietary rights to a mark.

However, the owner of an unregistered mark or other sign used in the course of trade may oppose the registration of an identical or similar mark if the rights in the earlier mark or sign were obtained prior to the filing or priority date for the registration of the later mark, and provided that the earlier mark or sign confers on its owner the right to prohibit the use of a later mark.