Turkey has withdrawn the declaration Made by Turkey under Article 14(5) of Madrid Protocol

Turkey has withdrawn the declaration Made by Turkey under Article 14(5) of Madrid Protocol

The trademark registrations are territorial and in order to protect the trademark in any country, the trademark should also be registered in this target country.

It is possible to apply to the offices of the countries requested to be registered one by one or by using the Madrid System to obtain protection with a single application in multiple countries.

The international registration of trademark is regulated by two agreements. The first of these is the Madrid Treaty on the International Registration of Trademarks of 1891; the other is the Protocol on the Madrid Agreement, which began to be implemented on 01.04.1996. Madrid Protocol has been implemented in Turkey as of 01.01.1999.

Accordingly, all trademarks filed after 01.01.1999 were able to be extended to Turkey through single application to WIPO.

However, in accordance with the article 14/5 of the Madrid Protocol “Any  State  or  organization  referred  to in  paragraph  (1)  may,  when  depositing  its  instrument  of  ratification,  acceptance  or  approval  of,  or  accession  to,  this  Protocol,  declare  that  the  protection  resulting  from  any  international  registration  effected  under  this  Protocol  before the date of entry into force of this Protocol with respect to it cannot be extended to it”, it was not possible to extend the international trademarks which was filed before 01.01.1999 to Turkey through WIPO.

In accordance with the recent publication of WIPO[1], Turkey has withdrawn the declaration made by Turkey under Article 14(5) of Madrid Protocol. Accordingly, starting from 18 October, all international trademarks including those are filed before 01.01.1999 is now able to extend to Turkey through WIPO.

It is obvious that this development is in benefit of trademark owners who have been managing their trademark portfolio dating before 1999.

[1] Madrid Protocol Concerning the International Registration of Marks

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