Turkey Geographical Indications Registration Certificate
‘‘Geographical indications are the names or signs that indicate a product which has become identical with a locality, area, region, or nation it originally resides in, in terms of a distinctive feature, title and other qualities. Geographical indication registration can be defined as providing the right to conduct and use a product by a single person in the face of the state, which allows the real or legal persons to protect the products known by the name of a specific geographical region or area. The certificate issued as a result of these transactions is called geographical sign registration certificate. ’’
With the geographical indication registration certificate, the mark or name is legally protected. Geographical indication registration is one of the rights of opinion and industrial property. A geographical indication registration is defined as a marking of a product that has become identical with the locality, region or state of origin in terms of its nature or other qualities. That definition differentiates geographical indication registration from other registration processes.
In Turkey, the process of incorporation of geographical indications into the scope of protection is carried out following the requirements of the Institute in accordance with the provisions of Legislative Decree No. 555.
For the purpose of inclusion of geographical indications in the scope of protection, in accordance with the first article of the Legislative Decree, a product must be included in one of the following subdivisions in order to be subject to geographical indication and to be registered in Turkey.
- Metals
- Natural products
- Agricultural products
- Industrial products
- Handicrafts and handmade products
In Turkey, or the registration of a geographical mark, the legal or real persons providing the production of geographical indication, the consumer associations, and the public entities related to the geographical area, the chambers of commerce or industry must apply independently with the application petition to the Institute or to our Sistem Patent company for the registration process to be executed on their behalf. The inclusion of the geographical indication in the scope of protection is only valid in the country where the registration has taken place. Therefore, in order to include a registered geographical mark within the scope of protection, registration must be carried out in all the states for which protection is sought. You need to apply to our Sistem Patent company for applications you are going to conduct at the Institute or for us to carry out all procedures in your name and in this case you need to get us some documents. Documents required for geographical signatures are:
- A petition indicating information about the identity of the applicant,
- Origin name or indication of source requested to be registered and the name of the relevant product,
- Definition of product,
- The technical documentation and information describing the chemical, physical, microbiological and similar qualities of the product and, if needed, the raw material,
- Documents and information identifying and determining what is within the geographical area or region,
- Information describing in detail the manner of inspection,
- Information describing in detail the forms of activity, marking, signing, or labeling of the registered name of the origin name or of the indication of source,
- Document showing that the application fee for indication has been paid.
- Acquisition of Geographical Indication Registration Certificate
The Institute examines the application pro forma and requests that the application be analyzed by one or more specialized public bodies, universities or private institutions in order to prove relevant technical information (if needed) in case of appeal. In this regard, the amount to be paid to the relevant institution and organization and the fee to be charged in connection with the services to be performed by the Institute shall be paid to the Institute by the applicant.
After the examination, the application is submitted to the Official Gazette, the two most prestigious daily newspapers distributed throughout the country and a local newspaper under the supervision of the Institute. Within 6 months after the application is announced in the Official Gazette, the persons concerned have the right to appeal to the Institute for the invalidation of the registration process. If no objections were made during this period, the name or sign shall be finalized at the date of publication in the Official Gazette. In case of objection, after the objection has been examined, the indication shall be published in its last form where all the changes to its shape and scope is done and when its scope has been clearly defined, so that the indication becomes final by the publication date of the indication and registration is made in the geographical sign registry. As a result, the registration certificate is forwarded to the applicant by our company Sistem Patent.