International Registration of the marks

Since January 1, 1999, Turkey is a member of the Madrid Union for the international registration of marks; since said date it is a party to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 1989 (but not to the Madrid Agreement Concerning the International Registration of Marks of 1891-1967). This implies that parties who are a national of a country other than Turkey which is a party to the Protocol of Madrid, or having their domicile or having a real and effective industrial or commercial establishment in the territory of such country, may seek trade mark protection for Turkey by filing an international trade mark application under the Protocol designating Turkey, or by extending an existing international registration under the Protocol to Turkey by subsequent designation of Turkey. It must be noted, however, that Turkey has declared (in accordance with Article 14(5) of the Protocol) that the protection resulting from any international registration effected under the Protocol before the date of its entry into force with respect to Turkey cannot be extended to Turkey. This implies, that international registrations under the Protocol effected before January 1, 1999, cannot be extended to Turkey. Note furthermore, that international registrations under the Madrid Agreement not governed by the Protocol of Madrid cannot extend to Turkey at all, as Turkey is not a party to the Madrid Agreement.

An international registration of a mark under the Protocol of Madrid designating Turkey will have the same effects in Turkey as a national registration of that mark. However, the Turkish Patent Institute may refuse protection under such international registration for Turkey if it finds that the requirements for registration in Turkey are not complied with. The refusal of protection for registrations under the Protocol is to be notified by the Patent Institute of Turkey within 18 months from the notification by the International Bureau of the extension of the international registration to Turkey. It is possible to file in Turkey an opposition against the validity in Turkey of an international registration under the Madrid Protocol designating Turkey. Opposition is to be filed within three months from the date of publication of the notice that the international registration is valid in Turkey. If the opposition is found justified protection under the international registration for Turkey will be refused.

If an international registration of a mark under the Protocol of Madrid which is valid in Turkey ceases on account of lapse of the basic registration or application within five years from the date of international registration, the owner of the mark within three months from the date of cessation may file an application for a national registration of the mark in Turkey with as filing date the date on which the international registration had become effective in Turkey, provided that the goods or services in the Turkish application did appear in the list of goods or services of the international registration as far as relating to Turkey. The application must comply with the requirements for a Turkish trade mark application, and the required fees must be paid.