TÜRKIYE Law and Practice Contributed by: Korcan Dericioğlu, Gonca Adalı Başmakcı, Ekin Karakuş Öcal and Önder Erol Ünsal, Ankara Patent
4.5 Use in Commerce Prior to Registration
erally, applicants prefer to divide applications when partial refusal or opposition is received, so as to expedite registration procedures for goods and services not affected. 4.9 Incorrect Information in an Application There is no specific provision for incorrect infor - mation in trade mark applications. Depending on the particular issue, TÜRKPATENT may get in contact with the applicant. 4.10 Refusal of Registration If the application does not have any formal defi - ciencies or the deficiencies are covered in due time, the substantive examination procedure starts. At the substantive examination stage, TÜRKPATENT first examines the registrabil - ity of the application according to the absolute grounds of refusal. As a result of the examina - tion, the application can be accepted for publi - cation or can be totally/partially refused. TÜRKPATENT mainly examines the following • applications for trade marks that are identi - cal or indistinguishably similar to prior trade marks (both registrations and applications) in relation to the same or same kind of goods or services; • signs that are identical or confusingly similar to state symbols; • signs that are identical or confusingly similar to the full or abbreviated names of interna- tional or intergovernmental organisations or their symbols; • signs that are against the public order or morality; and refusal grounds ex officio: • lack of distinctiveness; • descriptiveness; • misleading trade marks;
In Türkiye, there are no special requirements related to use when it comes to trade mark reg - istration and renewal. It is not necessary to file declaration of use or declaration of intent to use within specified time limits. However, if the trade mark has not been put to genuine use in Türkiye by the trade mark proprietor in connection with the registered goods or services within a period of five years following the date of registration or if such use has been suspended for an uninter - rupted period of five years, the trade mark may be cancelled upon request – unless there are proper reasons for non-use. 4.6 Consideration of Prior Rights in Registration The trade mark examination in Türkiye consists both of formal and substantial stages. When a trade mark application is filed, TÜRKPATENT first examines the formal requirements. If the application meets these requirements, TÜRK - PATENT proceeds with the substantial examina - tion stage. At the substantial examination stage, TÜRKPATENT examines all applications for con - flicts with prior registrations and applications. 4.7 Revocation, Change, Amendment or Correction of an Application Mistakes in an application for a trade mark dur - ing the process of registration that do not involve any change in the content of the trade mark application, the representation of the trade mark, or the list of goods and services it applies to will be corrected upon the request of the applicant. 4.8 Dividing a Trade Mark Application At the request of the applicant, a trade mark application can be divided into two or more applications concerning the goods or services covered until the registration is completed. Gen -
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