Sistem Patent | Tescilli markaya sahip olmanın en sistemli yolu...

The international trademark registration is based on the latest agreement made in 1989. Turkey entered into this agreement in 1996 as one of the signatories.

What is the Aim of Madrid Protocol?

Its aim is to make trademark registration with a single application in the countries which are parties to the agreement and to make the registry changes after the trademark registration made easy and fast.

Who Can Benefit?

Real or legal entities residing in the countries which are parties to the agreement.

Those who have a registered trademark or a registration application in the countries which are parties to the agreement.

Conditions for Registration

Application is made through the office of origin (Turkish Patent Institute in Turkey).

There must be a registered trademark or a registration application.

The trademark that is registered or applied for registration may be the same as the registered trademark and the trademark classes may be the same. Enlargement is not possible (but narrowing is possible). For example, it is not possible for a trademark that has 18th, 25th, and 35th classes to be registered for the 37th class, but only one class can be registered with, for example, 25th class. The application language is English for Turkey.

What are the Fees for Registration?

• Application Fee
• Notification fees to be paid to the office of origin.
• There is a separate fee for each additional class fee for the parties.

Registration Stages

1. Application to the office of origin (application to the Turkish Patent Institute in Turkey).
2. The date of application to the office of origin is also the date of the international application.
3. The Turkish Patent Institute makes sure that the application is the same as the original application. If it is not the same as the original application, the institute will request correction.
4. WIPO, i.e. World Intellectual Property Office receives the international application.
5. Application is reviewed pro forma again. If something is missing, it will be reported to the office of origin.
6. If the missing items cannot be completed within the stated periods, the application is regarded as withdrawn. 
7. If the missing items are completed, the application will be published by the International Bureau of WIPO.
8. WIPO informs the party countries that are concerned about trademark registrations.
9. The countries which are parties shall accept or reject the trademark at the latest within 18 months according to their legislation. If there is a rejection, the WIPO publishes the rejection in the official gazette.
10. The appeal against the decision of rejection is made by the applicant directly to the office of the party country.

The Dependence of the International Registration on the Main Trademark

The trademark applied for international registration is dependent on the trademark of origin for 5 years from the application for registration. If the registration of the main trademark is cancelled for any reason during this 5-year period, the international registration shall also be null and void.

At the end of the five-year period, the international trademark application becomes independent of the registration of the original trademark.

Changes after Registration

If requested by the attorney or the right holder, all changes (for reasons related to address, title or transfer) that may be made on the trademark after registration are processed in the international register.

Protection Term of the Registration

Protection term of the international trademark registration is 10 years.

What are the Benefits of Registering with the Madrid Protocol?

In the case of a national application for a registered or applied trademark, a single payment from a single channel is used instead of using separate languages and paying separate fees. The offices in the countries where the protection is requested must declare the rejection of application within 18 months. Otherwise, the application is deemed to have been accepted in that country. All changes after registration can be carried out via a single channel.