Prosecution

Prosecution

For trademark applications, necessary preliminary searches are conducted in order to determine the availability of the trademarks demanded by our clients to be registered in Turkish Patent Institute. Within the context of such searches, similar trademarks are detected -if any, and evaluated for reasoning if those detected similar trademarks can in any way create obstacles with the registrations our clients' trademark applications, pursuant to which the evaluation results are reported to our clients. As per the instructions of our clients and also in accordance with the said evaluation reports, we provide our services for listing the goods and/or services to be designated under the demanded trademark applications according to relevant regulations of the State of the Republic of Turkey. Our clients are notified and provided with reports throughout the application process which includes preparing the application to be submitted in accordance with the TPE's regulations and conducting the filing formalities. As for the registered trademarks of our clients', we handle renewal formalities within relevant deadlines, transfer the payment of official fees therefor, and keep our clients informed via notifications and reports.

We file oppositions against decisions of the Turkish Patent Institute with respect to our clients' trademark applications and/or oppositions filed by third parties, as well as against the trademark applications which are published on the official bulletin of the Turkish Patent Institute and detected by us either upon requests from our clients or as a result of our periodic surveillance. Also, for protecting our clients' rights, we prepare and submit counterviews against third party oppositions which are filed against the trademark applications of our clients. Within this frame, in case an opposition is requested to be filed by our client and should the client demand, our legal attorneys and concerned trademark specialists provide their professional opinions for the client advising the chances of success for obtaining a positive result upon such oppositions.

Due to the fact that certain rarer letters such as "ç", "ğ", "İ", "ş", "ö" and "ü" exist in the Turkish alphabet, concerning international trademark searches, any combinations in trademark wording that include the mentioned letters could create problems and cause loss of rights. For this reason, taking into consideration the data of the Turkish Patent Institute, a national trademark monitoring service is provided by our company based on comparing the registered trademarks and designated goods/services thereunder with similar trademarks and designated goods/services thereunder that might be relatable. In this sense, our clients are notified periodically through our search reports and upon client instructions we execute opposition filings.

We prepare patent application files for national patent applications, EPC validations and PCT applications by also providing the necessary translations therein and file the requested applications within due dates. Our clients are offered to have our service for annuity payments as well as consultancy where it is required to make changes such as on the claims or the description of a patent file.

Preparing for and submitting license agreements to the Turkish Patent Institute are amongst the services our company fulfills. Moreover, for the sake of preventing any loss of right, we offer our consultancy service to our clients concerning certain declarations to be filed such as patent use/non-use and license offering in accordance with the Decree-Law No.551 Pertaining to the Protection of Patent Rights.

We conduct our clients’ change of recordal formalities such as tradename change, address change, etc. that are directly linked to patent recordal information.

Any change in ownership of a patent right reasoned from mergers, take overs, etc. are duly filed and the clients' patent rights are kept protected.

We provide our legal services through both our in-house attorneys as well our legal partners in accordance with the Articles of Attorney’ Act. Our main service area is legal actions with respect to trademark, patent and industrial design cases particularly those relate to indemnity, infringement, determination, recall, confiscations at the Customs and invalidation matters.

In addition, actions against unfair competition and legal agreements are alsoperformed by our company and the legal consultancy service that we provide to our clients is performed by Attorneys at Law in accordance with the related regulations and acts.

We provide our consultancy service including the evaluation and the examination of a patent file, both before the application and also during the application process.

Concerning our clients' patent applications, our services include discussing on what moves to be made for optimum right protection, evaluating the same as per national laws and regulations, in relation therewith making necessary amendments on the patent file e.g. on the claims or in the description of the invention, filing additional patent application or dividing the patent application.

Regarding industrial design applications, we make searches through national data, arrange design reports for the Turkish Patent Institute, and perform necessary preliminary examinations in order to make sure that the application is successfully registered. Upon instructions, we handle renewal formalities of the Industrial Designs that are already registered.

Against third party design applications which are similar enough to create unfair competition with our clients' registered designs, we file oppositions against such third party applications to preclude unfair registrations to protect our clients' rights well before or without taking any legal actions.

In case where the clients' trademarks are used as domain names in the same or similar business fields by third parties that benefit from the afore said unfair competition, we take necessary legal actions and ensure that the subject websites are not accessible.

Another service area of our company is with respect to the rights of computer software protection which include submission and registration procedures before the Ministry of Culture, preparing contracts, taking necessary legal actions against possible ambiguities that might cause negative effect on our rightful clients, and also filing required oppositions in case the client’s software is subject to a trademark or an industrial design registration.

Within the context of our anti-counterfeiting services, we follow required legal procedures both at the Turkish customs points and also within the country for seizing counterfeit goods. For the collection of necessary evidence to be used during the said legal procedures, we are professionally assisted by our associates from ally corporates which function in certain industrial fields that require expertise on such as chemistry, technology, mechanics, etc.