The first condition for protection of your trademark against imitations is trademark registration in Turkey but registration is not sufficient alone for the trademark protection.
The registered trademarks are protected legally and the TPE may also examine and reject similar trademark applications in the fields of activity subject to registration ex officio.
However, the concept of Trademark similarity is a concept varying for everybody.
A trademark, which is not considered similar according to comments of the TPE specialists, may be seen similar to your trademark by consumers.
In addition, the TPE protects trademarks only in the classes in which they are registered. Trademarks are registered if they are not objected due to imitation in different classes.
For instance: Shoes are in class 25. If the trademark X has been registered in the class 25, it is protected only in that class. Bags associated with shoe are included in class 18. Thus, if the application for imitated trademark in class 18 for the trademark X is not objected, it is registered.
(Shoe (25) / Bag (18) / Watch (14) / Furniture (20) / Carpet (27) etc.)
Most of the imitated trademark applications are made for different but associated products in Turkey.
If you do not object to the imitated trademark in the course of announcement (3 MONTHS), that trademark is registered.
Once an imitated trademark is registered in Turkey, it would be very difficult to prevent its use anymore. The registered imitated trademark is only prevented with an action for nullity. Actions for nullity last approximately 2 years in Turkey. Use of the imitated trademark may not be prevented in this period!
In addition, the periods of limitation (5 YEARS) must be considered to bring an action for trademark nullity. If no action for nullity is brought against the imitated trademark in due period, it is no longer simple to cancel the trademark legally.
Considering the geographical position, commercial capacity and number of tourists of Turkey, number of consumers to whom the imitated trademark may be available is very high.
In addition, sales both from the Turkish and international Internet stores would further increase consumers to whom the imitated trademark shall be available.
If an imitated or similar trademark is registered in Turkey, you may suffer from major problems legally and commercially.
Eltutan Patent and Law Office has been providing service through its specialized trademark and patent attorneys for struggle against imitated trademarks since 1997.
Trademark monitoring is performed by our Attorneys by using 2 separate computer programs consistent with the TPE database.
You may call us for detailed information about trademark monitoring in Turkey ….