A brand's reputation, a patent or a design is often more valuable than tangible physical assets. The value of the Coca-Cola brand far exceeds the company's physical assets; a pharmaceutical company's patent portfolio can outweigh the value of its entire facility. That is why the accurate and timely protection of intellectual property rights must be a strategic priority. At Proses Consulting, we work across a chain that extends from TÜRKPATENT to WIPO in trademark registration, patent filing, industrial design protection and geographical indication processes.
Types of Intellectual Property and Their Durations
| Right Type | Subject of Protection | Validity Period | Filing Authority |
|---|---|---|---|
| Trademark | Distinctive sign identifying a product/service | 10 years (renewable indefinitely) | TÜRKPATENT |
| Patent | Novel, industrially applicable invention | 20 years (non-renewable) | TÜRKPATENT |
| Utility Model | Small-scale, industrially applicable invention | 10 years (non-renewable) | TÜRKPATENT |
| Industrial Design | External appearance features of a product | 5 years (renewable 4 times, max 25 years) | TÜRKPATENT |
| Geographical Indication | Region-specific product/service name | Indefinite | TÜRKPATENT |
| Copyright | Literary, musical, software and cinematographic works | Author's life + 70 years | Registration not mandatory |
Trademark Registration Process
- Preliminary search: The trademark to be registered is screened for prior identical or similar registrations. This step significantly reduces the likelihood of the application being rejected.
- Class determination: It is clarified in which of the 45 goods/services classes under the Nice Classification registration will be sought.
- Application: The application is filed electronically with TÜRKPATENT, with a fee paid per the number of designated classes.
- Examination and publication: TÜRKPATENT examines the absolute grounds for refusal, and an application found eligible is published in the Official Trademark Bulletin.
- Opposition period: Third parties have the right to file an opposition within 2 months of publication.
- Registration and certificate: If no opposition is filed, or if oppositions are assessed and rejected, the trademark registration certificate is issued.
International Trademark and Patent Applications
Madrid System (International Trademark)
The WIPO Madrid System enables trademark registration in more than 130 countries through a single application. Türkiye has been a member of the system since 1999. The base application is generally filed through TÜRKPATENT, followed by an "international application" specifying additional protection for the selected countries.
PCT (Patent Cooperation Treaty)
The PCT enables the patent protection process to be initiated in 150+ member countries through a single application. The applicant decides within 30 months in which countries patent protection is sought.
EUIPO (European Union Intellectual Property Office)
Through a single application, an EU Trademark (EUTM) and an EU Design (RCD) valid across all 27 EU member states can be obtained.
Intellectual property protection must begin before a product or service is launched on the market. Filing after market launch creates the risk of losing priority to competitors.
Scope of Our Services
- Preliminary searches for trademarks, patents and industrial designs
- TÜRKPATENT, EUIPO and WIPO application processes
- Opposition and counterstatement processes
- Trademark portfolio management and renewal tracking
- Licensing, assignment and trademark valuation studies
- Geographical indication registration (particularly for the food and textile sectors)
- Copyright protection and integration with KOSGEB R&D support applications
Frequently Asked Questions
- Can I continue using my trademark without registration?
You may use it legally; however, without registration you cannot prevent someone else from registering the same trademark. With an unregistered trademark, the burden of proof falls on you and limited protection is provided in infringement cases.
- How long does a patent application take?
In Türkiye, the period from patent application to registration ranges from 24 to 36 months. Utility model applications are faster (8-12 months). For applications made via the PCT route, the total period, including the international phase, can extend to 4-5 years.
- How much does trademark registration cost?
For 2024, the TÜRKPATENT application fee is around 750 TL for a single class. A separate fee is added for each additional class. Renewal fees are at a level close to the registration fee. Fees for international applications vary by the number of countries; for an EU trademark, the base fee is approximately 850 EUR.
- What is done in the event of infringement of a registered trademark?
First, a notarized cease-and-desist notice is sent to the infringing party. If no result is obtained, a lawsuit is filed at the Civil Court for Intellectual and Industrial Property Rights. When conducted together with a preliminary injunction order, litigation processes take an average of 12-24 months.