COVID-19’s Impacts on Trademark Prosecution


1. Within the context of the measures taken for combating COVID-19, how will Turkish Patent and Trademark Office (TURKPATENT) function?

TURKPATENT is open and active. According to the Presidential Circular numbered 2020/4, published in the Repeated Official Gazette dated March 22, 2020 and numbered 31076,it has been decided that the number of personnel serving in public bodies will be kept in minimum and flexible working methods such as remote or shift working will be implemented for public employees. However, as TURKPATENT is a paperless office and has a functional e-filing system, the services of TURKPATENT are not interrupted in this period.

2. Is it possible to file a trademark application before TURKPATENT (the Office) during the COVID-19 measures?

Yes. As explained above, TURKPATENT continues its operations and it is possible to file trademark applications or submit any documents within the Office through the e-filing system called EPATS.

3. How will be the deadlines of oppositions, appeals, renewals or priority claim affected during the COVID-19 measures?

With the enactment of The Law on Amendment of Certain Laws No. 7226 (“Law”), which entered into force upon publication in the Official Gazette dated March 26, the time limits, including the ones before the Office such as oppositions, appeals, renewals or priority claims, have been suspended as from March 13, 2020 (inclusive), until April 30, 2020 (inclusive). In other words, the terms relating to intellectual rights will be preserved as they were on March 13, 2020 and will continue on May 1, 2020 from where it left off. Also, if there are 15 or less days for the expiry of a term as of May 1, 2020, that term will be deemed to be extended for additional 15 days starting from the day following the end of the suspension period. If there are more than 15 days for the expiry of the term, all remaining days will be counted to determine the expiration date. However, it is possible to file any application that has an official deadline between March 13- April 30 without waiting May 1.

First published by Gün + Partners, in 07.04.2020

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