Turkey: a rising star at the Europe-Asia bridge
Europe’s leader
As an emerging market, Turkey is increasingly attracting the attention of trademark owners. In 2011, almost 120,000 trademark applications were filed and Turkey has been ranked number one for trademark applications in Europe, outdistancing France, Germany and the UK.
Over the past 10 years, the number of domestic trademark applications has increased fivefold, reaching 103,000 in 2011; those from foreign applicants merely doubled, to 16,700 according to the official filing statistics. When the corresponding registration numbers are compared, it is apparent that the Turkish Patent Institute (TPE) has had difficulties meeting the demand and issued an average of 50,000 registrations over the past five years.
Turkish trademark legislation
The first regulation of trademarks in Turkish law, the Alamet-i Farika Act, was issued in 1871, making Turkey one of the earliest countries to do so in the world. Although it was followed by a few other regulations and amendments, the biggest step forward was taken aft er the foundation of TPE, with the enactment of the present Trademark Decree-Law 556 in 1995 and the customs union between Turkey and the EU.
This has been amended subsequently by Laws No. 4128 and No. 5194, and most recently on January 28, 2009 by Law No. 5833. A new IP law is expected to be published soon to overcome some of the deficiencies in the present legislation. Non-registered trademarks are protected under the provisions of the Turkish Commercial Code concerning unfair competition.
Turkey is a member of the Paris Convention and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and so complies with the requirements for the protection of trademarks in Turkish law. Turkey’s possible future accession to the EU, combined with moves towards the global harmonisation of IP protection, is now the key factor for working towards Turkey’s next IP legislation. With regard to trademarks, Turkey is a party to the:
