Identical with a locality, area, region, or nation it originally resides in, in terms of a distinctive feature, title and other qualities are called geographical indications. In Turkey, a geographical indication appeal is an action to be taken in order not to register the names and marks applied for registration in the name of a geographical indication.’’
The application for the registration of a geographical indication is published in the official gazette, two most read daily newspapers and one local gazette distributed throughout the country for being open to opinions and objections. Anyone interested may appeal the invalidity of the registration in the six-month period.
Geographical Indication Registration and the Appeal Phase in Turkey
In order for geographical indications to be subject to the geographical registration of a product in order to be included in the scope of protection, this product must be included in one of the following product groups:
- Metals,
- Natural products,
- Agricultural products,
- Industrial products,
- Handicrafts and handmade products.
Application Phase for Registration
The application process can be realized with the following information and documents in Turkey:
- The origin name or the indication of source to be registered and the name of the relevant product,
- Technical information and documents describing the description and qualifications of the product,
- Information and documents that openly declare and determine the geographical scope of the area, territory or region,
- Information on the mode of production of the product and, where available, on local customized production patterns and conditions,
- Information on how the product will be tested in accordance with established conditions,
- Principles necessary for the realization of physical and chemical analyzes,
- Information describing in detail the manner of inspection,
- Institution to be established on behalf of reviews and evaluations,
- Information and documents describing the activity form of the origin name or the source of indication, the mark of the persons in the production, the required markings or label formats with details,
- And other related information and documents,
- Document for the payment of the application fee.
Application for Registration and Appeal Phase in Turkey
The application made for the purpose of registering the indication is reviewed by the Institute pro forma. During the review, one or more specialized public bodies or universities, or special institutions that are parties to the subject, are requested to conduct an examination of this matter, in order to prove technical information about the appeal to the registration of the indication in question (when needed). With this request, the examination fee should be paid to the institution and the organization, and the transaction fee should be paid to the account of the Sistem Patent in the applicant's office due to the transactions to be carried out before the Institute.
After the end of the examination pro forma, the registration application is published by the Turkish Patent Institute in the official gazette, two most read daily newspapers and a local gazette in the country. For six months after the application has been announced via the official gazette, all persons who are related to the subject may appeal to the Turkish Patent Institute not to register. If no appeal process occurs during this period, the name or sign will have the certainty feature after it is published in the official gazette. When an appeal is made; after the appeal is analyzed, when all the changes in its shape or scope are done and its scope is clearly stated, the indication is published and the registration process becomes final with the date of publication. Then it is recorded in the register of the geographical sign indication. If the objection is appealed again and it is found to be appropriate, it is declared in the Official Gazette where the request for registration is rejected and this issue is recorded in the register of the indication.
Persons entitled to apply for an indication and persons entitled to use a registered indication have the right to prohibit the presentation of products that are related to the product by other persons for commercial purposes and that the product is unfairly told to belong to another territory by the public, and the misleading information about the origin of the product in its natural or essential character and characteristics during the marketing process. Penalties such as imprisonment, fines and a penalty for forbidding the business life may be applied in accordance with the nature of the offense for the actions taken in this way.