Turkey
Turkish Trademark Office
Turkish trademarks were relaxed by article 5 of Decree Law No. 556, which allows almost any identification that distinguishes one undertaking from another as a trademark, if it is a feature that the public recognizes as distinct. This includes anything that is capable of being distinguished graphically. A trademark can include words, letters, logo marks, slogans, designs, shapes of goods or packaging, colors, smells, and sound patterns. Despite the liberality of tradmarkable subject matter, the Turkish Patent Institute is ordinarily reluctant to register non-traditional trademarks such as sounds, smells, colors, and 3-D signs due to issues surrounding distinctiveness.
Obtaining a Trademark in Turkey
In order to register a trademark in Turkey, the mark must be capable of graphic representation, be distinctive, not be descriptive and not be excluded under article 7 Decree Law No. 556 – regulating absolute grounds of refusal. For the most part in Turkey, trademark rights rise out of the actual use of the mark. Therefore, if a product is retailed or manufactured under a brand name, then common law trademark rights have been created without registration. Despite this, to receive the protection of Decree Law No. 556 the mark should be registered. Registration includes broader protection by not needing to prove elements of prior use, unfair competition and reputation. Furthermore, it makes the legal proceedings simplified and allows disputes to sometimes be cheaply settled by the TPI.
Recent Developments in Turkish Trademark Law
In Turkey, there are ongoing discussions in the intellectual property community on whether to implement criminal sanctions on infringement acts and whether an infringement would necessitate a prison sentence. In addition, since October 1, 2011, a new set of procedural laws were implemented to speed up the trial proceedings of infringement cases. Finally, police raid procedures have been used more effectively in recent years leading to a deterrent effect on potential infringers.
Summary
The Turkish Patent Institute is in charge of the national trademark system. The trademark system provides protection for a broad range of marks, but certain non-traditional signs cannot be registered. Registration is not required for trademark protection, as Turkish common law provides protection for marks that are in use. However, many benefits of registration cannot be provided through common law. Turkey has recently stressed combating infringement and is currently considering criminal sanctions.