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Yes, patent annuities are required to be paid during patents are pending.
In respect of the patent application filed on or after 10 January 2017, on which New Turkish Industrial Property Law (Law No. 6979) came into force, patent annuities are due in respect of third and each consecutive year, calculated from the date of filing.
In respect of the patent applications filed before 10 January 2017 under the Old Decree Law (Decree Law No. 551), patent annuities are due in respect of second and each consecutive year, calculated from the date of filing.
Patent annuities in respect of the coming year are due on the day of the month in which the anniversary of the date of filing falls. For instance, if a patent application was filed on 15 November 2017, the third annuity becomes due on 15 November 2019 and should be paid before this date.
No, it is not possible to pay the annuities in a bulk payment. They should be individually paid where they are due for payment.
Yes, there is a grace period and annuities may still be validly paid up to six months after the due date.
In the case of paying the patent annuity in grace period, should any surcharge or additional fee be paid?
Yes, an additional fee equal to 25% of the belated annuity is required.
If annuity for a patent or patent application is not paid within due date and subsequent six-month grace period, patent or patent application ends as from the due date, namely the day of the month in which the anniversary of the date of filing falls.
For instance, if a patent application was filed on 15 November 2017, third annuity was not paid in due date, i.e. 15 November 2019, and within the six-month grace period following the due date, i.e. 15 May 2020, the patent application will be deemed to end as from 15 November 2019.
Yes, TURKPATENT issue and send an official notification (lapse notice) informing that patent rights are lapsed. TURKPATENT is obliged to issue such notification at the latest within 1 year as from the due date on which patent rights were lapsed. Following the notification, information regarding the termination of patent rights is published in Turkish Patent Bulletin.
Yes, it is still possible to restore the rights within 2 months as from the notification date of the lapse notice issued by TURKPATENT provided that the increased annuity fee (called “recovery fee”) is paid. The increased fee means one and a half times the required annuity fee which was not paid in due time.
For restoring the rights, it is not required to submit any reasoned statement regarding the failure to pay the annuity in due time. In other words, a simple request will be sufficient to restore the rights with the payment of the increased official fee
If a request for restoring the rights are not filed in due time, patent rights will be irrevocably terminated. There are no further procedures such as reestablishment of rights (restitutio in integrum).
Restoration of the patent rights does not affect the acquired rights of third parties due to the lapse of the patent rights. The rights of third parties and their scope are determined by the Court.
Patent annuities should be paid during the patent term of 20 years to keep patents in force.
Is there any special requirement for patent annuities in respect of divisional applications?
When a divisional application is filed, annuities of the previous years (calculated from the filing date of parent application) come due and should be paid simultaneously with the filing.
In case that the annuities in respect of the previous years are not paid with the filing, it will be still possible to pay the annuities of the previous years within 2 months as from the submission date of the demand for divisional application. If patent annuities of the previous years are not paid within the prescribed time limits defined above, divisional application is deemed to be withdrawn.
No, there is no requirement for patents of addition. In other words, patent annuities are not paid for patents of addition.
Is main patent (application) of a patent of addition is lapsed due to failure to pay patent annuities, what will happen to patent of addition?
If main patent (application) of a patent of addition is lapsed to failure to pay patent annuities, patent of addition is converted into independent patent (application) by TURKPATENT .
Is patent of addition is converted into independent patent (application), when and how the patent annuities should be paid?
After the conversion, applicant or patent holder is required to pay the annuities of the previous years (without any additional fee) within 3 months as from the official notification of the conversion. The due dates for annuities are calculated as from the filing date of patents of addition (converted into independent patent) (not the filing date of the main patent)
No, patent annuities are not required to be paid for secret patents insomuch as they remain secret. If secrecy is removed, patent annuities are required.
No, patent annuities are not required to be paid if an invention cannot be put into use or use by the right holder due to a legal monopoly.
When a PCT application is nationalized in Turkey, are payment of patent annuities of the previous years are required; and if any, is there any surcharge or additional fee for that?
Yes, when PCT application is nationalized in Turkey, patent annuities of the previous years are paid with the national phase entry without any surcharge (additional fee). If patent annuities of the previous years are not paid together with the national phase entry, they can be still paid within 6 months as from the date of national phase entry, but with a surcharge (additional fee).
When European patent is validated in Turkey, are patent annuities of the previous years are required to be paid; and if any, is there any surcharge or additional fee for that?
There is no requirement for paying patent annuities of the previous years after validating European patent in Turkey. Patent annuities for a European patent validated in Turkey are due as from the date of the terms mentioned in Article 86 (2) (EPC).
In case that a patent annuity becoming due and payable within 3 months as from the publication of decision to grant in respect of European patent are paid to TURKPATENT within that term, they are deemed to be validly paid and no additional fee is requested.
Take the following example:
In the above case, next annuity can be validly paid till 15 October 2017 without any additional fee.
TURKPATENT shows the schedule of official fees in its official website. Please click here to see the official fees.
Yes, official fees are typically increased at once each year as from January 01.
Not possible. Payment of the annuities can be only handled and made by a Turkish Patent Agent.
There are no documents, e.g. Power of Attorney (PoA), required for the payment of the patent annuities.
No, legal and real entities should pay the same amount of official fees. Furthermore, any reduction is not allowed in terms of the size of a legal entity.
No, TURKPATENT does not issue any official communication or certificate confirming renewal of patent or patent application.
Upon payment of patent annuities, a patent or patent application is deemed to be renewed duly. No further action, procedure or time is required.
Consideration is not necessary in order to validly assign the rights. Even if Assignment is by way of gift, the terms will still be enforceable between the parties.
Whereas consideration is not necessary for a valid assignment, it is required for recording the assignment at the patent registry. However, Assignment Agreement is not required to necessarily cover consideration as it can be declared or disclosed separately from Assignment Agreement with the request for recording assignment.
Consideration can be a nominal amount and there is no specific minimum amount for recording an assignment at the patent registry.
No, assignment should be done mutually and the express acceptance of Assignee is required for a valid assignment of the rights. In other words, both Assignee and Assignor should sign Assignment Agreement and their signatures should be notarized and legalized by Apostille.
Assignment Agreement should be notarized and legalized by Apostille. Specifically, notary public should expressly approve the signatures of the authorized persons of both Assignor and Assignee. If Apostille is not possible, Assignment Agreement should be legalized by Turkish consulate or embassy.
As a rule, each co-owner has the right over their patent rights to use freely. However, in case of an assignment, the remaining co-owner(s) have pre-emption right over patent rights.
In case that one of the co-owners would like to assign its own rights, Assignor (assigning co-owner) or Assignee should notify the non-assigning co-owner(s) of the assignment of the rights. Pre-emption right ceases within 3 months from the notification of assignment or within 2 years in any case from the assignment date of the rights. If parties cannot agree, pre-emption right can be used only by filing court action against Assignee.
No, it is not obligatory or necessary for the remaining co-owner to be a party to and sign the Assignment (to consent & to waive any rights). t TURKPATENT do not investigate the consent of the remaining co-owner(s) when assignment is requested for recordal at the patent registry.
Recordal of an assignment is not obligatory. Assignments can only have effect against third parties, who are acting in good faith, as from the date of their entry in the Patent Register. In other words, it is not possible to put forward the rights on patent against third parties acting in good faith unless and until they are duly entered in the Patent Register.
Yes, confirmatory/declaratory assignment sufficient to record an assignment in the registry
Yes, consideration should be still declared or disclosed in case of a confirmatory/declaratory assignment. Consideration can be either declared or disclosed in the confirmatory/declaratory Assignment Agreement, or declared or disclosed with the request for assignment recordal.
No actually, a copy of Assignment Agreement is sufficient provided that it incorporates due notarization and legalized by Apostille within itself.
Yes, a Turkish translation approved by a sworn translator is required for recording assignment.
If European patent is assigned before EPO during the Opposition Period or Opposition Proceedings, assignment can be recorded before Turkish Patent and Trademark Office by submitting a simple copy of EPO Form 2544 (no translation, notarization, certification or legalization required) without requiring Assignment Agreement and paying official fees for assignment. Please note that assignment before EPO does not result in national recordal automatically.
Assignments should be individually handled for each case (case by case) and number of changes in the ownership affects the costs of the recordal of assignment even if requests for recordal of assignment are simultaneously filed at the Patent Office.
Power of Attorney is not required for recording an assignment.
There is no deadline and requirement to record assignment of the rights in the patent registry to keep patent in force. Patents remain effective independently from the assignment.
Yes, official fees are payable for recording an assignment. If there are more than one patent within Assignment, official fees should be paid for each case separately.
Yes, two separate assignment documents of the same content signed and legalized in two different countries are acceptable for recording Assignment.
Yes, it is acceptable provided that Assignment refers to Turkish patent or patent application numbers or European patent number therewithin.
Yes, change of ownership due to Assignment is published in Turkish Patent Bulletin.
Yes, a pending patent application can be assigned; there is no requirement for grant or registration of application for the assignment.
In such case, Assignment Agreement is not required. Instead, an official document duly approved by a governmental or judicial authority of the country, i.e. Courts, chamber of commerce or industry, finance or tax authority etc., should be submitted. There is no further requirement for notarization or legalization of these kinds of documents. Furthermore, a translation of the document approved by a sworn translator should be provided if the document is not drafted in Turkish.
Seizure is not an obstacle to assign the rights of a patent.
Pledge is not an obstacle to assign the rights of a patent.
There is no specific content requirement for Assignment Agreement. A simple declaration of transfer of rights by Assignee will be sufficient. Furthermore, patent or patent application number or numbers subject to Assignment should be listed in Assignment Agreement for validity.
No evidence is required for recording change of address.
No, it is not possible to record change of address for some cases only while excluding some other cases registered in the address of same applicant or registered owner.
A request for change of address affects all industrial property rights of same applicant or registered owner in all registries, namely patent, trademark and design registries. Specifically, request for change of address changes address of same applicant or registered owner in respect of all the patent, trademark and design applications and registrations.
No, Power of Attorney (PoA) is not required for recording change of address.
No, a certificate of change of address is not provided. Recordal of change of address can be easily confirmed through the online system of TURKPATENT .
For change of address, there is no required official fee.
Change of address is not mandatory issue. In one aspect, it is important for the right holder or applicant whose residence of business is abroad, which is that in the case of any court action against the right, the court will directly serve notice of court action to the address of right holder registered in the TURKPATENT ’s registry without serving the same to Turkish Patent or Trademark Attorney of the related right who is recorded as address for service
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording change of name. The document should expressly mention change of name and both old and new names of the applicant/registered owner, otherwise request for change of name will not be recorded.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal, no original is required.
No, company minutes or proceedings of similar decision for change of name are not acceptable.
Official certification of notary public is not sufficient to record a change of name.
No, it is not possible to record change of name for some cases only while excluding some other cases registered in the name of same applicant or registered owner.
Yes, Turkish translation of official document approved by a sworn translator is required for recording change of name.
A request for change of name affects all industrial property rights of same applicant or registered owner in all registries, namely patent, trademark and design registries. Specifically, request for change of name changes name of same applicant or registered owner in respect of all the patent, trademark and design applications and registrations.
No, Power of Attorney (PoA) is not required for recording change of name.
Yes, it is possible to record a change of name without waiting for grant or registration.
Yes, a certificate of change of name is provided within 1 month approx. following request of change of name.
For change of name, there is no required official fee.
There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive License Agreements, licensor can use the patented invention too and licensor can grant sub-licenses for the same patented invention. In the case of exclusive License Agreements, licensor cannot grant further licenses to third parties, and cannot use patented invention unless it reserves its rights obviously.
No, licensees cannot assign their license rights to third parties unless any clause is available for the right to assign in License Agreement.
In the case of multiple owners, unanimity of all the owners for allowing third parties to use patent is a must. If all the owners cannot agree on licensing, the Court can grant the authority to grant license to one of the owners in terms of equity.
Licensee can take any action, unless otherwise agreed, in respect of the use of invention during the terms of patent. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of patent against licensee.
No, license can be granted and recorded for a pending patent application.
There is no requirement to disclose or declare consideration in order to validly license the rights.
Yes, term of license should be clearly indicated in License Agreement. Otherwise, it will not be possible to record license in the registry.
No, license should be done mutually and the express acceptance and declaration of the licensee is required. In other words, both licensee and licensor should simply sign License Agreement.
There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record license in the patent registry.
Recordal of a license is not obligatory. Licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the patent registry. In other words, it is not possible to put forward the rights on patent against third parties acting in good faith unless and until they are duly entered in the patent registry.
Not actually, a copy of License Agreement is sufficient provided that Patent Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording License.
License should be individually handled for each case (case by case).
Power of Attorney is not required for recording a License.
There is no deadline and requirement to record license.
Yes, official fees are payable for recordal of a license. If there are more than one patent within License, official fees should be paid for each case separately.
Yes, it is acceptable provided that License refers to Turkish patent or patent application number(s) therewithin.
Yes, License is published in Turkish Patent Bulletin.
Yes, a pending patent application can be licensed; there is no requirement for grant or registration of application for the license.
Seizure is not an obstacle to license the rights of a patent.
Pledge is not an obstacle to license the rights of a patent.
In a License Agreement, patent or patent application number subject to License, terms of license, and type of license, i.e. exclusive or nonexclusive, are required; otherwise, recording license will not be allowed in the patent registry.
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording merger and acquisition. The document should expressly mention the merger and acquisition and both old and new entities.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal; no original is required.
No, company minutes or proceedings of similar decision for merger and acquisition are not acceptable.
Official certification of notary public is not sufficient to record a merger and acquisition.
Yes, Turkish translation of official document approved by a sworn translator is required for recording merger and acquisition.
No, Power of Attorney (PoA) is not required for recording merger and acquisition.
Yes, official fees are payable for recordal of merger and acquisition. If there are more than one patent, official fees should be paid for each case separately.
Yes, it is possible to record a merger and acquisition without waiting for grant or registration.
Recordal of a merger or acquisition is not obligatory. Mergers or acquisitions can only have effect against third parties, who are acting in good faith, as from the date of their entry in the patent registry. In other words, it is not possible to put forward the rights on patent against third parties acting in good faith unless and until they are duly entered in the patent registry.
If European patent is assigned before EPO during the Opposition Period or Opposition Proceedings, merger or acquisition can be recorded before TURKPATENT by submitting a simple copy of EPO Form 2544 (no translation, notarization, certification or legalization required) without requiring merger or acquisition document and paying official fees for merger or acquisition. Please note that recordal of merger or acquisition before EPO does not result in national recordal automatically.
Merger or acquisition should be individually handled for each case (case by case) and number of changes in the ownership affects the costs of the recordal of merger or acquisition even if requests for recordal of merger or acquisition are simultaneously filed at TURKPATENT .
There is no deadline and requirement to record merger or acquisition in the patent registry to keep apatent in force. Patents remain effective independently from merger or acquisition.
Seizure is not an obstacle to record merger and acquisition.
Yes, change of ownership due to merger or acquisition is published in Turkish Patent Bulletin.
Yes, a certificate of merger and acquisition is provided within 1 month approx. following request of merger and acquisition.
Yes, patents can be pledged.
Pledge Agreement is required for recording a pledge.
Yes, pledge should be recorded for each pledgee and official fee for each pledgee should be paid.
No, pledge can be registered for a pending patent application.
Should term of pledge be indicated in a Pledge Agreement for recording a pledge?
No, it is not necessarily required to be indicated in the Pledge Agreement.
There is no requirement for notarization or legalization of Pledge Agreement. Simple signatures of Pledgor and Pledgee on Pledge Agreement are sufficient to record Pledge in the registry.
Recordal of a pledge is not obligatory. Pledges can only have effect against third parties, who are acting in good faith, as from the date of their entry in patent registry. In other words, it is not possible to put forward the rights on patent against third parties acting in good faith unless and until they are duly entered in patent registry.
NoT actually, a copy of the pledge Agreement is sufficient provided that Patent Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording pledge.
Pledge should be individually handled for each case (case by case).
Power of Attorney is not required for recording a pledge.
There is no deadline and requirement to record the pledge.
Yes, official fees are payable for recordal of a pledge. If there are more than one patent within pledge, official fees should be paid for each case separately. Furthermore, if there are more than one pledgee, official fee should be paid for each pledgee.
Yes, it is acceptable provided that pledge refers to Turkish patent or patent application number(s) therewithin.
Yes, pledge is published in Turkish Patent Bulletin.
Yes, a pending patent application can be pledged; there is no requirement for grant or registration of application for the pledge.
In a Pledge Agreement, patent or patent application numbers subject to pledge are required; otherwise, recording pledge will not be allowed in the patent registry.
Pledge ceases in the following conditions:
Yes, cancellation of a pledge in the Registry is only possible if pledgee or pledgees request the removal of pledge from the patent registry. If pledgee or pledgees refrain from removing pledge, pledgor can file a court action in respect of cancellation of pledge and can file request for removal of pledge based on the court decision.
No, pledge of rights is not an obstacle to assign those rights.
Yes, a certificate or confirmation letter of pledge is issued.
European patents should be validated within 3 months from publication of decision to grant in European Patent Bulletin
No, there is no extension of time for validating European patent in Turkey. Validation request should be filed within 3 months from publication if decision of grant. Whereas it is 3 months to validate, Turkish translation can be filed within further 3 months adding up to 3 months validate date provided that request for validation be filed within 3 months from grant publication and additional fee (usually 50% of official fee) be paid.
No, there is no possibility of recovering European patent if the time limits are not met, namely no re-establishment of rights or restoration of rights.
If European patent is not validated in Turkey, it will be deemed to be invalid as from the very beginning, namely filing date, in Turkey.
European patent publication page of grant decision (so-called B1 Document), Turkish translation of European Patent Specifications, Declaration signed by Turkish Patent Attorney confirming that Turkish translation is same as the original text, request for validation and payment receipt of official fee required for validation.
No, Power of Attorney is not required for European patent validations in Turkey.
No, Turkish translation of the specifications, i.e. description, claims, and drawings, should filed.
Yes, European patent validated in Turkey is published in Turkish Patent Bulletin.
No, Turkey is not a part of London Agreement.
Yes, corrected translation can be filed any time but it should be published in Turkish Patent Bulletin for coming into effect; otherwise, it will not have effect. On the other hand, good faith of third parties who had used the invention subject to European patent before the submission of corrected translation are protected and they are allowed to use the invention provided that the use of invention does not infringe the first version of the Turkish translation.
Yes, European patents have the same effect as national patents. Further, European patent applications are deemed as Turkish national patent application after it has been assigned a filing date.
Yes, European patent application with Turkish translation of claims is published in Turkish Patent Bulletin.
Published European patent applications (not yet granted) can be put forward against third parties provided that provisional protection is demanded by filing claims before TURKPATENT and Turkish translation of those claims are published in Turkish Patent Bulletin, or Turkish translation of claims are notified to relevant third party or parties in Turkey.
For obtaining provisional protection for European patent application in Turkey, translation of claims, abstract and drawings into Turkish language should be filed and official fee associated with provisional protection should be paid.
European patent is deemed a national patent as from the publication date of decision to grant in European Patent Bulletin and provided that it is validated in Turkey.
If owner of European patent has not place of business in Turkey or has no industrial and commercial activity in Turkey, Turkish Patent Attorney should be appointed for submitting request for validation and Turkish translation.
Turkish translation of granted text is taken into account in determining the scope of European patent. In other words, if Turkish translation of European patent is narrower than original text of European patent, Turkish translation will be considered for protection. There is one exception however, which is that in invalidity actions against European patent, the original text of European patent is considered.
No, there is no possibility to branch off Turkish utility model application from European patent application. In other words, it is not possible to spin off Turkish Utility Models from European patent applications.
Conversion of a European patent application into Turkish patent or utility model application is only possible under Article 77 (3) (EPC), where a European patent application is not forwarded to the European Patent Office in due time by Turkish Patent and Trademark Office shall be deemed to be withdrawn. In that case, conversion takes place upon request of the applicant.
Excluding that under Article 77 (3) (EPC), it is not possible to convert a European patent application into Turkish patent or utility model application.
Not possible, it is not possible to protect the same invention by both national patent and European patent simultaneously. Turkish Patent Law does not allow double protection, by either patent or utility model or either national patent or European patent at the same time.
In the case of existence of both national patent application and European patent application claiming same priority for the same subject matter, when parallel European patent application is granted and validated in Turkey, corresponding Turkish national patent or patent application become invalid after termination of opposition period before EPO provided that there has not been filed any opposition during the opposition period or European patent is not amended during the opposition period if any opposition is filed.
European patents nationalized before the coming into force of New Turkish Industrial Property Law on January 10, 2017 are required to be handled and processed according to the Abolished Patent Decree Law (Law No. 551). The important instances are the following:
Any infringement action against third parties on the basis of European patents validated in Turkey before the entry into force of New Turkish Industrial Property Law, will be handled under New Turkish Industrial Property Law.
There is no requirement for paying patent annuities of the previous years after validating European patent in Turkey. Patent annuities for a European patent validated in Turkey are due as from the date of the terms mentioned in Article 86 (2) (EPC).
In case that a patent annuity becoming due and payable within 3 months as from the publication of decision to grant in respect of European patent are paid to TURKPATENT within that term, they are deemed to be validly paid and no additional fee is requested.
Take the following example:
In the above case, the next annuity can be validly paid till 15 October 2017 without any additional fee.
Until January 09, 2018, renewal fee for a Turkish trademark registration falls due every ten years on the last day of the month containing the anniversary of the date of filing and is payable up to 6 months before the renewal due date.
From January 10, 2018 on, renewal fee for a Turkish trademark registration falls due every ten years on the anniversary day of the date of filing and is payable up to 6 months before the renewal due date.
Yes, if payment of renewal fee is not made in due time, it may still be validly paid within 6 months of the due date, provided that a surcharge (typically 50% of the renewal fee) is paid.
No, if renewal fee for a trademark registration is not paid in due time and within six-month grace period following the due date, trademark rights will be irrevocably terminated.
No, renewal of a trademark registration should be paid by a Turkish Trademark Agent.
If a trademark registration will be renewed for all the goods and services, Power of Attorney (PoA) is not required for renewal. If a trademark registration will be partially renewed for some of the goods and services, Power of Attorney (PoA) clearly covering the authorization for partial renewal is required.
Not actually, unless otherwise requested specifically, i.e. Trademark Agent in the trademark registry still remains as agent for service even if renewal is made by another Trademark Agent.
Yes, a trademark registration can be renewed partially for some of the goods or services only.
Yes, TURKPATENT electronically issue a renewal certificate. No printed certificate is provided.
Renewal Certificate is typically issued and sent by TURKPATENT within one month following the request for renewal.
Upon payment of renewal fee, formalities officer examine the request for renewal and record the renewal request if there is not found any deficiency in respect of the request for renewal.
No, request for renewal should be submitted within the prescribed time limits; otherwise, trademark is deemed not to have been renewed in due course and loss of rights occurs.
Renewal will be effective from the day following the date on which the previous protection period ends.
Yes, Renewal is published in the Turkish Trademark Bulletin.
No, each trademark registration should be individually renewed.
No, official fee is fixed without regarding number of classes or number of items of goods and services.
If a trademark registration will be renewed for all the goods and services, a request form for renewal and information regarding the payment of the renewal fee is sufficient for performing renewal.
If a trademark registration will be partially renewed for some of goods and services only, a request form for renewal including a list of goods and service for which renewal is requested, information regarding the payment of the renewal fee, a Power of Attorney clearly covering the authorization of Trademark Agent for partial renewal, a declaration confirming the partial renewal by the right holders in the trademark registry should be submitted. If the required documents and information for partial renewal are not duly submitted, the trademark registration is renewed for all the goods and services by TURKPATENT without further notification of deficiency.
If a collective trademark registration will be renewed for all the goods and services, renewal request of one of the right holders will be sufficient. If a collective trademark registration will be partially renewed for some of the goods and services, all of the right holders should take action together for renewal.
Yes, it is possible but only trademark applications filed within two years from the end of the protection period and provided that the lapsed trademark has been genuinely used during those two years.
No, legal and real entities should pay the same amount of official fees. Furthermore, any reduction is not allowed in terms of the size of a legal entity.
TURKPATENT shows the schedule of official fees in its official website www.turkpatent.gov.tr. Please click here to see the official fees.
No, declaration or disclosure of consideration is not necessary in order to validly assign the rights.
No, assignment should be done mutually and the express acceptance of the assignee is required for a valid assignment of the rights. In other words, both Assignee and Assignor should sign Assignment Agreement and their signatures should be notarized and legalized by Apostille.
Assignment Agreement should be notarized and legalized by Apostille. Specifically, notary public should expressly approve the signatures of the authorized persons of both Assignor and Assignee. If Apostille is not possible, Assignment Agreement should be legalized by Turkish consulate or embassy.
As a rule, each co-owner has the right over their trademark rights to use freely. However, in case of an assignment, the remaining co-owner(s) have pre-emption right over the trademark rights.
In case that one of the co-owners would like to assign its own rights, Assignor (assigning co-owner) or Assignee should notify the non-assigning co-owner(s) of assignment of the rights. Pre-emption right ceases within 3 months from the notification of assignment or within 2 years in any case from the assignment date of the rights. If parties cannot agree, pre-emption right can be used only by filing court action against Assignee.
No, it is not obligatory or necessary for the remaining co-owner to be a party to and sign the Assignment (to consent & to waive any rights). TURKPATENT do not investigate the consent of the remaining co-owner(s) when assignment is requested for recordal at the trademark registry.
Recordal of an assignment is not obligatory. Assignments can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark registry. In other words, it is not possible to put forward the rights on the trademark against third parties acting in good faith unless and until they are duly entered in the trademark Register.
Yes, confirmatory/declaratory assignment sufficient to record an assignment in the trademark registry
Not actually, a copy of Assignment Agreement is sufficient provided that it incorporates due notarization and legalized by Apostille within itself.
Yes, a Turkish translation approved by a sworn translator is required for recording assignment.
Assignments should be individually handled for each case (case by case) and number of changes in the ownership affects the costs of the recordal of assignment even if requests for recordal of assignment are simultaneously filed at the trademark Office.
Power of Attorney is not required for recording an assignment.
There is no deadline and requirement to record assignment of the rights in the trademark registry to keep the trademark in force. The trademark remains effective independently from the assignment.
Yes, official fees are payable for recordal of an assignment. If there is more than one trademark within Assignment, official fees should be paid for each case separately.
Yes, two separate assignment documents of the same content signed and legalized in two different countries are acceptable for recording Assignment.
Yes, it is acceptable provided that Assignment refers to Turkish trademark application or registration numbers therewithin.
Yes, change of ownership due to Assignment is published in Turkish Trademark Bulletin.
Yes, a pending trademark application can be assigned; there is no requirement for grant or registration of application for assignment.
In such case, Assignment Agreement is not required. Instead, an official document duly approved by a governmental or judicial authority of the country, i.e. Courts, chamber of commerce or industry, finance or tax authority etc., should be submitted. There is no further requirement for notarization or legalization of these kinds of documents. Furthermore, a translation of the document approved by a sworn translator should be provided if the document is not in Turkish.
Seizure is not an obstacle to assign the rights of a trademark.
Pledge is not an obstacle to assign the rights of a trademark.
There is no specific content requirement for Assignment Agreement. A simple declaration of transfer of rights by assignee will be sufficient. Furthermore, trademark application or registration number or numbers subject to assignment should be listed in Assignment Agreement for validity.
Yes, a registered or applied-for trademark can be partially assigned for some of goods or services.
Yes, it is obligatory to indicate class numbers and goods and services subject to the transfer in Assignment Agreement. Otherwise, recordal of assignment will not be allowed.
TURKPATENT assign a new application and registration number, open a new registry and issue a new trademark certificate for the assigned part of trademark. It is not required to pay registration fee for issuing trademark certificate.
No, it is not obligatory to assign same or confusingly similar goods and services.
Trademarks applied for or registered under Madrid Protocol should be assigned before International Bureau of WIPO by use of MM5 Form. TURKPATENT does not accept requests for recordal of assignment regarding trademarks applied for or registered under Madrid Protocol if they are not filed by means of International Bureau of WIPO
No evidence is required for recording change of address.
No, it is not possible to record change of address for some cases only while excluding some other cases registered in the address of same applicant or registered owner.
A request for change of address affects all industrial property rights of same applicant or registered owner in all registries, namely patent, trademark and design registries. Specifically, request for change of address causes to changes of address of same applicant or registered owner in respect of all the patent, trademark and design applications and registrations.
No, Power of Attorney (PoA) is not required for recording change of address.
No, a certificate of change of address is not provided. Recordal of change of address can be easily confirmed through the online system of TURKPATENT .
For change of address, there is no required official fee.
Yes, any request for change of address before WIPO will also change address of same applicant or recorded owner for all its patents, trademarks, and designs registered in Turkey. Therefore, before any request for change, it is advisable to perform verification for all the patent, trademark and design cases in Turkey.
Change of address is not mandatory issue. In one aspect, it is important for the right holder or applicant whose residence of business is abroad, which is that in the case of any court action against the right, the court will directly serve notice of court action to the address of right holder registered in the PTO’s registry without serve the same to the Turkish Patent or Trademark Attorney of the related right.
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording change of name. The document should expressly mention the change of name and both old and new names of the applicant/registered owner.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal, no original is required.
No, company minutes or proceedings of similar decision for change of name are not acceptable.
Official certification of notary public is not sufficient to recording a change of name.
No, it is not possible to record change of name for some cases only while excluding some other cases registered in the name of same applicant or registered owner.
Yes, Turkish translation of official document approved by a sworn translator is required for recording change of name.
A request for change of name affects all industrial property rights of same applicant or registered owner in all registries, namely patent, trademark and design registries. Specifically, request for change of name changes name of same applicant or registered owner in respect of all the patent, trademark and design applications and registrations.
No, Power of Attorney (PoA) is not required for recording change of name.
Yes, a certificate of change of name is provided within 1 month approx. following request of change of name.
Yes, it is possible to record a change of name without waiting for registration.
For change of name, there is no required official fee.
Yes, any request for change of name before WIPO will also changes name of same applicant or recorded owner for all its patents, trademarks, and designs registered in Turkey. Therefore, before any request for change, it is advisable to perform verification for all the patent, trademark and design cases in Turkey.
There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive License Agreements, licensor can use trademark too and Licensor can grant sub-licenses for the same trademark. In the case of exclusive License Agreements, licensor cannot grant further licenses to third parties, and cannot use trademark unless it reserves its rights obviously.
No, licensees cannot assign their license rights to third parties unless any clause is available for right to assign in License Agreement.
Licensee can take any action, unless otherwise agreed, in respect of the use of trademark. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of trademark against Licensee.
No, License can be granted and recorded for a pending trademark application.
There is no requirement to disclose or declare consideration in order to validly license the rights.
Yes, term of license should be clearly indicated in License Agreement. Otherwise, it will not be possible to record license in the registry.
No, license should be done mutually and the express acceptance and declaration of the licensee is required. In other words, both licensee and licensor should simply sign License Agreement.
There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record license in the trademark registry.
Yes, license can be granted for only some of goods and/or services
Recordal of a license is not obligatory. However, licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark Register. In other words, it is not possible to put forward the rights on the trademark against third parties acting in good faith unless and until they are duly entered in the trademark Register.
Not actually, a copy of the License Agreement is sufficient provided that Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording License.
License should be individually handled for each case (case by case).
Power of Attorney is not required for recording a license.
There is no deadline and requirement to record License Agreement in the trademark registry.
Yes, official fees are payable for recordal of a license. If there is more than one trademark within the scope of license, official fees should be paid for each case separately.
Yes, it is acceptable provided that license refers to Turkish trademark application or registration number(s) therewithin.
Yes, license is published in Turkish Trademark Bulletin.
Yes, a pending trademark application can be licensed; there is no requirement for grant or registration of application for license.
Seizure is not an obstacle to license the rights of a trademark.
Pledge is not an obstacle to license the rights of a trademark.
In a License Agreement, trademark application or trademark registration number and list of goods and services subject to License, term of license are required; otherwise, recording license will not be allowed in the trademark registry.
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording merger and acquisition. The document should expressly mention the merger and acquisition and both old and new entities.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal, no original is required.
No, company minutes or proceedings of similar decision for merger and acquisition are not acceptable.
Official certification of notary public is not sufficient to record a merger and acquisition.
Yes, Turkish translation of official document approved by a sworn translator is required for recording merger and acquisition.
No, Power of Attorney (PoA) is not required for recording merger and acquisition.
Yes, official fees are payable for recordal of merger and acquisition. If there is more than one trademark, official fees should be paid for each case separately.
Yes, it is possible to record a merger and acquisition without waiting for grant or registration.
Recordal of a merger or acquisition is not obligatory. Mergers or acquisitions can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark registry. In other words, it is not possible to put forward the rights on trademark against third parties acting in good faith unless and until they are duly entered in the trademark Register.
Is it possible to record merger or acquisition comprising multiple trademark cases by for request for recording merger or acquisition at Turkish Patent and Trademark Office?
Merger or acquisition should be individually handled for each case (case by case) and the number of changes in the ownership affects the costs of the recordal of merger or acquisition even if requests for recordal of merger or acquisition are simultaneously filed at Turkish Patent and Trademark Office.
There is no deadline and requirement to record merger or acquisition in the trademark registry to keep trademark in force. Trademarks remain effective independently from merger or acquisition.
Seizure is not an obstacle to record merger and acquisition.
Yes, change of ownership due to merger or acquisition is published in Turkish Trademark Bulletin.
Yes, a certificate of merger and acquisition is provided within 1 month approx. following request of merger and acquisition.
Yes, trademarks can be pledged.
Pledge Agreement is required for recording a pledge.
Yes, pledge should be recorded for each pledgee and official fee for each pledgee should be paid.
No, pledge can be registered for a pending trademark application.
No, it is not necessarily required to be indicated in the Pledge Agreement.
There is no requirement for notarization or legalization of Pledge Agreement. Simple signatures of pledgor and pledgee on Pledge Agreement are sufficient to record pledge in the trademark registry.
Recordal of a pledge is not obligatory. Pledges can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark registry. In other words, it is not possible to put forward the rights on a trademark against third parties acting in good faith unless and until they are duly entered in the trademark registry.
Not actually, a copy of Pledge Agreement is sufficient provided that Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording pledge.
Pledge should be individually handled for each case (case by case).
Power of Attorney is not required for recording a pledge.
There is no deadline and requirement to record the pledge.
Yes, official fees are payable for recordal of a pledge. If there are more than one trademark within pledge, official fees should be paid for each case separately. Furthermore, if there is more than one pledgee, official fee should be paid for each pledgee.
Yes, it is acceptable provided that pledge refers to Turkish trademark registration or application number(s) therewithin.
Yes, pledge is published in Turkish Trademark Bulletin.
Yes, a pending trademark application can be pledged; there is no requirement for grant or registration of application for the pledge.
In a Pledge Agreement, trademark application or trademark registration number (s)subject to pledge are required; otherwise, recording the pledge will not be allowed in the trademark registry.
Pledge ceases in the following conditions:
Yes, cancellation of a pledge in the registry is only possible if pledgee or pledgees request the removal of pledge from the registry. If pledgee or pledgees refrain from removing pledge, pledgor can file a court action in respect of cancellation of pledge and can file request for removal of pledge based on the court decision.
No, pledge of rights is not an obstacle to assign those rights.
Yes, a certificate or confirmation letter of pledge is issued.
A registered Turkish design is valid for five years. It can be renewed for a maximum of 25 years, for five years at a time.
Until January 09, 2018, renewal fee for a registered design falls due every 5 years, up to 25 years, on the last day of the month containing the anniversary of the date of filing and is payable up to 6 months before the renewal due date.
From January 10, 2018 on, renewal fee for a registered design falls due every 5 years, up to 25 years, falls due every ten years on the anniversary day of the date of filing and is payable up to 6 months before the renewal due date.
Yes, if payment of renewal fees are not made in due time, they may still be validly paid within 6 months of the due date, provided that a surcharge (typically 50% of the renewal fee) is paid.
Yes, a design registration can be partially renewed for some of the designs only.
If a registered design covers only one design, there is one base fee for the renewal. If design registration covers multiple designs, renewal fees are required for each design.
In the case of multiple design registrations, structure of renewal fees are layered, namely a base fee of relatively high amount is required for the first design and further fees of substantively decreased amount are required for subsequent each design.
No, number of views has no effect on the amount of the renewal fees.
No, if renewal fee for a design registration is not paid in due time and within six-month grace period following the due date, the design rights will be irrevocably terminated.
No, renewal of a design registration should be paid by a Turkish Patent and Trademark Agent?
If a design registration will be renewed for all the registered designs, Power of Attorney (PoA) is not required for renewal. If a design registration will be partially renewed for some of the designs only, a Power of Attorney (PoA) clearly authorizing the Attorney for partial renewal is required.
Not actually, unless otherwise requested specifically, i.e. Patent or Trademark Agent, in the registry still remains as agent for service even if the renewal is made by another Patent or Trademark agent.
Yes, TURKPATENT electronically issue a renewal certificate. No printed certificate is provided.
There is no certain time to obtain renewal certificate but renewal certificate is typically issued and sent by TURKPATENT within one month following the request for renewal.
Upon payment of renewal fee, formalities officer examine the request for renewal and record renewal request if there is not found any deficiency in respect of the request for renewal.
No, request for renewal should be submitted within the prescribed time limits; otherwise, registered design is deemed not to have been renewed in due course and loss of rights occurs.
Renewal will be effective from the day following the date on which the previous protection period ends.
Yes, the renewal is published in Turkish Design Bulletin.
If a design registration will be renewed for all the designs, a request form for renewal and information regarding the payment of the renewal fee is sufficient for performing the renewal.
If a design registration will be partially renewed for some of the designs only, a request form for renewal including numbers of designs for which renewal are requested, information regarding the payment of the renewal fee, a Power of Attorney clearly covering the authorization of the Patent and Trademark Agent for partial renewal should be submitted.
No, legal and real entities should pay the same amount of official fees. Furthermore, any reduction is not allowed in terms of the size of a legal entity.
TURKPATENT shows schedule of official fees in its official website www.turkpatent.gov.tr. Please click here to see official fees.
No, declaration or disclosure of consideration is not necessary in order to validly assign the rights.
No, assignment should be done mutually and the express acceptance of the assignee is required for a valid assignment of the rights. In other words, both Assignee and Assignor should sign Assignment Agreement and their signatures should be notarized and legalized by Apostille.
Assignment Agreement should be notarized and legalized by Apostille. Specifically, notary public should expressly approve the signatures of the authorized persons of both Assignor and Assignee. If Apostille is not possible, Assignment Agreement should be legalized by Turkish consulate or embassy.
As a rule, each co-owner has the right over their design rights to use freely. However, in case of an assignment, the remaining co-owner(s) have pre-emption right over design rights.
In case that one of the co-owners would like to assign its own rights, Assignor (assigning co-owner) or Assignee should notify the non-assigning co-owner(s) of the assignment of the rights. Pre-emption right ceases within 3 months from the notification of assignment or within 2 years in any case from assignment date of the rights. If parties cannot agree, pre-emption right can be used only by filing court action against Assignee.
No, it is not obligatory or necessary for the remaining co-owner to be a party to and sign the Assignment (to consent & to waive any rights). TURKPATENT does not investigate the consent of the remaining co-owner(s) when assignment is requested for recordal at the design registry.
Recordal of an assignment is not obligatory. Assignments can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design registry. In other words, it is not possible to put forward the rights on design against third parties acting in good faith unless and until they are duly entered in the design registry.
Yes, confirmatory/declaratory assignment sufficient to record an assignment in the registry
No actually, a copy of the Assignment Agreement is sufficient provided that it incorporates due notarization and legalized by Apostille within itself.
Yes, a Turkish translation approved by a sworn translator is required for recording assignment.
Assignments should be individually handled for each case (case by case) and number of changes in the ownership affects the costs of the recordal of assignment even if requests for recordal of assignment are simultaneously filed at TURKPATENT .
Power of Attorney is not required for recording an assignment.
There is no deadline and requirement to record assignment of the rights in the design registry to keep the design in force. Designs remain effective independently from the assignment.
Yes, official fees are payable for recordal of an assignment. If there is more than one design within Assignment, official fees should be paid for each case separately.
Yes, two separate assignment documents of the same content signed and legalized in two different countries are acceptable for recording Assignment.
Yes, it is acceptable provided that Assignment refers to Turkish design registration or application numbers therewithin.
Yes, change of ownership due to Assignment is published in Turkish Design Bulletin.
Yes, a pending design application can be assigned; there is no requirement for grant or registration of application for assignment.
In such case, Assignment Agreement is not required. Instead, an official document duly approved by a governmental or judicial authority of the country, i.e. courts, chamber of commerce or industry, finance or tax authority etc., should be submitted. There is no further requirement for notarization or legalization of these kinds of documents. Furthermore, a translation of the document approved by a sworn translator should be provided if the document is not in Turkish.
Seizure is not an obstacle to assign the rights of a design.
Pledge is not an obstacle to assign the rights of a design.
There is no specific content requirement for Assignment Agreement. A simple declaration of transfer of rights by Assignee will be sufficient. Furthermore, design registration or design application number or numbers subject to Assignment should be listed in Assignment Agreement for validity.
Yes, a registered or applied-for design can be partially assigned for some of goods or services.
Yes, it is obligatory to indicate design numbers in order as they appear subject to the transfer in Assignment Agreement. Otherwise, recordal of assignment will not be allowed.
TURKPATENT assign a new application and registration number, open a new registry and issue a new design certificate for the assigned part of design registration or application. It is not required to pay registration fee for issuing design certificate.
Designs applied for or registered under Madrid Protocol should be assigned before International Bureau of WIPO by use of DM/2 Form. TURKPATENT does not accept requests for recordal of assignment regarding designs applied for or registered under Hague Agreement if they are not filed by means of International Bureau of WIPO .
No evidence is required for recording change of address.
No, it is not possible to record change of address for some cases only while excluding some other cases registered in the address of same applicant or registered owner.
A request for change of address affects all industrial property rights of same applicant or registered owner in all registries, namely patent, trademark and design registries. Specifically, request for change of address changes address of same applicant or registered owner in respect of all the patent, trademark and design applications and registrations.
No, Power of Attorney (PoA) is not required for recording change of address.
No, a certificate of change of address is not provided. Recordal of change of address can be easily confirmed through the online system of TURKPATENT .
For change of address, there is no required official fee.
Change of address is not mandatory issue. In one aspect, it is important for the right holder or applicant whose residence of business is abroad, which is that in the case of any court action against the right, the court will directly serve notice of court action to the address of right holder registered in the TURKPATENT ’s registry without serving the same to the TURKPATENT of the related right.
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording change of name. The document should expressly mention the change of name and both old and new names of the applicant/registered owner.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal, no original is required.
No, compa ny minutes or proceedings of similar decision for change of name are not acceptable.
Official certification of notary public is not sufficient to recording a change of name.
No, it is not possible to record change of name for some cases only while excluding some other cases registered in the name of same applicant or registered owner.
Yes, Turkish translation of official document approved by a sworn translator is required for recording change of name.
A request for change of name affects all industrial property rights of same applicant or registered owner in all registries, namely patent, trademark and design registries. Specifically, request for change of name changes name of same applicant or registered owner in respect of all the patent, trademark and design applications and registrations.
No, Power of Attorney (PoA) is not required for recording change of name.
Yes, a certificate of change of name is provided within 1 month approx. following request of change of name.
Yes, it is possible to record a change of name without waiting for registration.
For change of name, there is no required official fee.
There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive License Agreements, licensor can use design too and licensor can grant sub-licenses for the same design. In the case of exclusive License Agreements, licensor cannot grant further licenses to third parties, and cannot use design unless it reserves its rights obviously.
No, Licensees cannot assign their license rights to third parties unless any clause is available for right to assign in License Agreement.
Licensee can take any action, unless otherwise agreed, in respect of the use of design during the term of design registration. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of design against licensee.
No, license can be granted and recorded for a pending design application.
There is no requirement to disclose or declare consideration in order to validly license the rights.
Yes, term of license should be clearly indicated in the License Agreement. Otherwise, it will not be possible to record license in the registry.
No, license should be done mutually and the express acceptance and declaration of the licensee is required. In other words, both licensee and licensor should simply sign License Agreement.
There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record license in the registry.
Yes, license can be granted for only some of goods and/or services
Recordal of license is not obligatory. Licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design register. In other words, it is not possible to put forward the rights on design against third parties acting in good faith unless and until they are duly entered in the design register.
Not actually, a copy of the License Agreement is sufficient provided that Patent or Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording License.
License should be individually handled for each case (case by case).
Power of Attorney is not required for recording a License.
There is no deadline and requirement to record License Agreement in the design registry.
Yes, official fees are payable for recordal of a license. If there is more than one design within License, official fees should be paid for each case separately.
Yes, two separate license documents of the same content signed and legalized in two different countries are acceptable for recording license.
Yes, it is acceptable provided that license refers to Turkish design application or registration number(s) therewithin.
Yes, License is published in Turkish Design Bulletin.
Yes, a pending design application can be licensed; there is no requirement for grant or registration of application for the License.
Seizure is not an obstacle to license the rights of a design.
Pledge is not an obstacle to license the rights of a design.
In a License Agreement, design registration or design application number, name of design subject to License, design numbers in order in case of multiple design registration and term of license are required; otherwise, recording license will not be allowed in the design registry.
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording merger and acquisition. The document should expressly mention the merger and acquisition and both old and new entities.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal, no original is required.
No, company minutes or proceedings of similar decision for merger and acquisition are not acceptable.
Official certification of notary public is not sufficient to record a merger and acquisition.
Yes, Turkish translation of official document approved by a sworn translator is required for recording merger and acquisition.
No, Power of Attorney (PoA) is not required for recording merger and acquisition.
Yes, official fees are payable for recordal of merger and acquisition. If there is more than one design, official fees should be paid for each case separately.
Yes, it is possible to record a without waiting for grant or registration.
Recordal of a merger or acquisition is not obligatory. Mergers or acquisitions can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design registry. In other words, it is not possible to put forward the rights on the design against third parties acting in good faith unless and until they are duly entered in the design registry.
Merger or acquisition should be individually handled for each case (case by case) and number of changes in the ownership affects the costs of the recordal of merger or acquisition even if requests for recordal of merger or acquisition are simultaneously filed at TURKPATENT .
There is no deadline and requirement to record merger or acquisition in the design registry to keep design in force. The designs remain effective independently from merger or acquisition.
Seizure is not an obstacle to record merger and acquisition.
Yes, change of ownership due to merger or acquisition is published in Turkish design Bulletin.
Yes, a certificate of merger and acquisition is provided within 1 month approx. following request of merger and acquisition.
Yes, designs can be pledged.
Pledge Agreement is required for recording a pledge.
Yes, pledge should be recorded for each pledgee and official fee for each pledgee should be paid.
No, pledge can be registered for a pending design application.
No, it is not necessarily required to be indicated in Pledge Agreement.
There is no requirement for notarization or legalization of Pledge Agreement. Simple signatures of Pledgor and Pledgee on Pledge Agreement are sufficient to record Pledge in the registry.
Recordal of a pledge is not obligatory. Pledges can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design registry. In other words, it is not possible to put forward the rights on design against third parties acting in good faith unless and until they are duly entered in the design Register.
No actually, a copy of Pledge Agreement is sufficient provided that Patent or Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording pledge.
Pledge should be individually handled for each case (case by case).
Power of Attorney is not required for recording a pledge.
There is no deadline and requirement to record the pledge.
Yes, official fees are payable for recordal of a pledge. If there is more than one design within pledge, official fees should be paid for each case separately. Furthermore, if there are more than one pledgee, official fee should be paid for each pledgee.
Yes, it is acceptable provided that pledge refers to Turkish design application or design registration number(s) therewithin.
Yes, pledge is published in Turkish design Bulletin.
Yes, a pending design application can be pledged; there is no requirement for grant or registration of application for the pledge.
In a Pledge Agreement, design or design application number subject to pledge are required; otherwise, recording pledge will not be allowed in the design registry.
Pledge ceases in the following conditions:
Yes, cancellation of a pledge in the design registry is only possible if pledgee or pledgees request the removal of pledge from the design registry. If pledgee or pledgees refrain from removing pledge, pledgor can file a court action in respect of cancellation of pledge and can file request for removal of pledge based on the court decision.
No, pledge of rights is not an obstacle to assign those rights.
Yes, a certificate or confirmation letter of pledge is issued.