THE DIFFERENCES BETWEEN SERVICE AND PRODUCT TRADEMARKS IN TURKEY
Trademark; is used for the promotion and differentiation of the products produced and offered for sale. Service brand is; used in the service sector like consulting, hospitals, education and software in
WHAT IS USING PRIORITY OF TRADEMARK IN TURKEY
Law No. 6769 on Industrial Property brought a regulatıon that protects the first user of the trademark, not the first registration of the trademark inTurkey. In this case, the person who actually used a trademark for the first time and proved its use is the true entitlement of the mark. The law has used a preference for the first person to actually use the trademark as the owner of the...
WHAT SHOULD I DO IF MY TRADEMARK IS INFRINGED IN TURKEY?
REGULATIONS The main condition for benefiting from the protection provided by the Industrial Property Law No. 6769 is that the mark is registered by TPMK. An unregistered trademark will not be able to benefit without protection in the sense of the Act. The way to go against the violation of an unregistered trademark will be the unfair competition provisions of TRADE LAW. Violation is the...
What is Generic Drug?
Generic drugs are medicines that have the same formulation as the innovator drug and have the same amount and proven to be bioequivalent when the patented period of protection comes to an end when the innovator drug (patented drug) comes to an end. The process of expelling the original drug, from which the innova- tary firm has been removed, to the market of drugs equivalent to the end of...
PATENT VALIDATION PERIOD OF EUROPEAN PATENT IN TURKEY AND REQUIRED DOCUMENTS
The validation period for European patents is three months since the publication of the relevant European patent registration decision in the European patent bulletin. The additional period to be made within the said period is given for another 3 months together with the request. , In the case of the European Patent (fascicule delivery) you will have the following documents with...
Article 55 § 4 of the New Industrial Property Code Design; Registered in accordance with the provisions of this Law, the registered design shall be protected as unregistered design if it is first presented to the public in Turkey.
It has been stipulated that the unregistered design will only give the owner the right to block the acts mentioned in the first paragraph by copying the protected design only so that it is "indistinguishable from the same or in general impression". It is clear from this fact that unregistered designs have a narrower protection than registered designs. Because similarity in the...
PATENT VALIDATION OF EUROPEAN PATENT IN TURKEY
The validity of European patents in Turkey must be validated in Turkey according to the 65th Article of European Patent Convention (EPC). This process is also called validation. Validation includes: Payment of official fees, Submission of Turkish translations of patent specifications to TPMK
INVENTIONS THAT CANNOT BE PROTECTED AS UTILITY MODEL IN TURKISH PATENT SYSTEM
Inventions that can be protected by patents other than inventions which are not patentable, but which are not protected by the useful model, can be listed as follows: Chemical and biological materials, processes and inventions resulting from these processes (a new plastic component and its production process) Pharmacy-related substances, procedures and inventions resulting...
INTERNATIONAL TRADEMARK REGISTRATION ACCORDING TO MADRID SYSTEM
The Protocol on the Madrid Treaty, which entered into force on 1 December 1995, has been implemented in our country as of 1 January 1999. With this Protocol it will be possible to obtain International Registration for the trademarks of Turkish companies. There are 100 member countries. DOCUMENTS REQUIRED FOR INTERNATIONAL BRAND APPLICATION BY MADRID PROTOCOL Trademark registration...
VALIDATION OF EUROPEAN PATENTS AND ANNUAL MAINTENANCE FEES.
When paying the annual fee for the year in which the fascicle is delivered, the following points are important: The due date of the European patent (the month and day corresponding to the application date) After the date on which the European patent is announced, the annual fee is paid to the TPMK. For this reason, if the due date comes during the delivery of the fascicle, the annual...