The registration of your trademark will legally protect you from various potential issues and prevent you from suffering losses. However, it's important to note that if your trademark is registered only in Turkey, it will provide protection within the borders of Turkey only. From this perspective, trademark registration is considered territorial. If you intend to export your products or services associated with your trademark, promote them internationally, or grant franchises in another country, you will need to file for an international trademark registration. To enter a target foreign market, it's essential to file the registration application in compliance with the regulations of that specific country. This way, your trademark will be protected in that country as well.
In order to initiate international trademark applications, it is necessary for your trademark to be registered in your home country first. Trademark registration is conducted in accordance with the trademark registered in the home country. If the trademark becomes invalid in its home country before the five-year registration period expires, the international trademark registration will also be lost.
International registration systems allow you to file trademark registration applications in multiple countries with a single application, providing a significant advantage for brands.
When it comes to international trademark registration, four different methods can be mentioned. Each of these methods has its own distinct advantages. Depending on your brand's situation and the country you intend to apply for, you can choose the appropriate method.
You can use the following four methods for international trademark registration:
The Madrid Protocol, signed in 1999, allows you to obtain trademark protection in many countries, including the European Union, with a single application made in Turkey.
Under the Madrid Protocol, the competent authority for international trademark registration is the World Intellectual Property Organization (WIPO), headquartered in Geneva. This organization protects trademarks through the Madrid Protocol. Thanks to this protocol, the international registration of a trademark can cover some or all of the member countries.
In addition to these, for international trademark registration, trademark registration procedures must have been completed in the country of origin.
The system that provides protection with a single application in European Union member countries, and is valid throughout those countries, is called OHIM (Office for Harmonization in the Internal Market). The Office for Harmonization in the Internal Market, located in Spain, is the authorized institution for the community trademark registration system.
By making just one trademark application, a trademark registration certificate that will be valid in all member states of the community can be obtained. Turkish citizens who are trademark owners can apply for the registration of a community trademark if they wish, in accordance with the Paris Convention, Turkish citizens can ensure the protection of their trademark by the European Union.
After applying for trademark registration with OHIM, examinations are carried out to ensure that the necessary conditions are met. The applicant who applies for a community trademark is evaluated based on the research results obtained from the member countries.
For countries that are not members of any collective registration systems, protection can be obtained by making separate applications in each country. National trademark registration procedures are carried out based on reciprocity principles between countries. National trademark registration procedures may vary from one country to another. Additionally, application fees vary from country to country. The cost of registration depends on the legal regulations, legislation, and the number of classes for which registration is sought in the respective country.
The completion of a trademark registration application and obtaining the document can take anywhere from 2 to 4 years. In some countries, this process can extend up to 5 years.
This system involves multiple countries coming together to provide protection that is valid in member countries. This regional registration system, known as the OAPI and BENELUX, is applicable in regional communities.
The OAPI, or African Intellectual Property Organization, can provide protection for your trademark in many African countries. On the other hand, the BENELUX countries consist of Belgium, the Netherlands, and Luxembourg. With a single application, you can obtain protection in all three of these countries.
The registration processes vary depending on the method and the organization where the application is submitted. For example, a national application typically takes around 1 year to be completed, but the timeline can vary from one country to another. Furthermore, trademark registration applications within the European Union generally take 12 to 18 months to process. In case of opposition, the process can extend up to 2 years.
For registrations made under the Madrid Protocol, the average timeline is approximately 18 to 24 months. The application is examined within the country's borders by the Turkish Patent and Trademark Office, which takes 1 to 2 months for evaluation. WIPO's assessment typically takes 5 to 6 months. Following these steps, feedback on whether the trademark will be registered in the respective country offices is awaited. This process has a maximum duration of 18 months.
Trademark protection is valid for 10 years from the date of application. It can be renewed within 6 months before the expiration date.
At Alkan Patent, we are here to assist you throughout the entire process of registering your trademark internationally. Feel free to contact us for detailed information and to safeguard your brand in the international market.
