A new Industrial Property Law (No. 6769) entered into force in Turkey on 10th January 2017.  

The law introduces various amendments to the provisions of the previous law, including, inter alia:

 

Trade marks:

- Colour and sound trade marks are now defined as registrable trade marks.  In addition, motion trade marks will now be registrable.

- When trade mark applications are refused on relative grounds, the new law provides that a letter of consent/co-existence agreement can overcome the refusal.

- The opposition period for trade mark applications has been decreased from 3 months to 2 months.

- In opposition proceedings, the applicant may ask that the opponent proves use of its trade mark, if the opponent’s registration has been registered for over 5 years.

- Unregistered well-known trade marks are now protected under the new law. Unregistered trade mark owners will have the right to oppose applications for identical or similar trade marks for identical or similar goods and services.

 

Patents and Utility Models:

- Patents without examination will no longer exist.

- Post-grant opposition has been introduced.  Oppositions can be filed within 6 months of the date of publication of the granted patent. This provision is not applicable to utility models.

 

Designs:

- Unregistered design protection has been introduced by the new law. Such designs must be new and have an individual character in order to be registrable, and will benefit from a protection period of three years from the date on which the design was first made available to the public.

- Novelty searches will be carried out in addition to a formal examination.

- The opposition period for design applications is decreased from 6 months to 3 months.

 

Many of these new provisions will only affect new IP applications and not also those pending or already granted on the date of implementation of the new law.

 

In addition, the official fees for certain IP matters in Turkey, including search and examination fees, renewal/annuity fees, and EP validation fees have been increased with effect from 1st January 2017.    

 

For further information or assistance, please do not hesitate to contact us.