Right of Priority in Türkiye: Trademarks, Designs, and Patents
- Jul 9
- 5 min read
The registration process of an invention, a design, or a trademark can sometimes be determined by a margin of just a few hours. In a globalized market, seeking sequential or simultaneous protection in other countries following a national filing can be a commercial necessity. Based on the Paris Convention and the Agreement Establishing the World Trade Organization, the right of priority grants the privilege of making the filing date of a first application in a member country valid for subsequent applications filed in other member countries within a specific period. Consequently, any identical or similar applications filed or public disclosures made by third parties during the interim period between the applicant's first national application and subsequent applications will not prejudice the novelty or distinctiveness of the subsequent application.
To illustrate; suppose a trademark application for the sign "GOKLU" is filed in Türkiye on 2 May 2026, and a subsequent application for the same mark is to be filed before the European Union Intellectual Property Office (EUIPO) on 2 June 2026 (or vice versa, first in the EUIPO and then in Türkiye). If the right of priority is properly claimed, the EU application will be treated as if it had been filed on 2 May 2026, thereby eliminating any third-party risks arising during that interim one-month period.
The Industrial Property Code No. 6769 (“Code 6769”) and the Regulation on the Implementation of the Industrial Property Code (“Regulation”) regulate how priority rights must be claimed before the Turkish Patent and Trademark Office (“TÜRKPATENT”) and the strict technical conditions applicable to each type of industrial property right.
Distinction Between Application Priority and Exhibition Priority
In industrial property law, the right of priority primarily stems from two distinct sources:
Application Priority: This is the priority right arising from a duly filed trademark, design, or patent application in any state party to the Paris Convention or the Agreement Establishing the World Trade Organization.
Exhibition Priority: This is the priority right arising from the date on which rights holders display their products at official or officially recognized national or international exhibitions. This type of priority provides legal protection for manufacturers who must showcase their products at a trade fair or exhibition prior to filing for registration.
A. Priority Claims and Timelines in Trademark Applications
The right of priority in trademark registration applications is governed by Articles 12 and 13 of Code 6769 and Articles 15 and 16 of the Regulation.
Priority Period and Procedure: A 6-month priority period applies from the date of a duly filed application or official exhibition in a state party to the Paris Convention (Art. 12/1 of Code 6769). One of the most common mistakes in practice relates to the timing of the priority claim. Pursuant to Article 13/1 of Code 6769, an applicant wishing to benefit from a right of priority must declare this request simultaneously with the application and pay the prescribed priority claim fee. As a rule, it is not possible to retroactively add a priority claim after the application has been submitted.
Document Submission and Translation Requirement: For a priority claim to gain validity, the certified priority document obtained from the competent authority of the country where the initial application or exhibition took place must be submitted to TÜRKPATENT within 3 months from the application date. This timeframe should not be confused with the timing of the priority declaration itself. As mentioned above, the priority claim must be explicitly declared at the moment of filing, whereas the supporting priority document can be submitted within a maximum of 3 months following the application date.
Pursuant to the Regulation, if the submitted priority document is in a foreign language, a sworn Turkish translation must also be submitted to TÜRKPATENT within the same 3-month window.
B. Priority Rights and Document Submission in Design Applications
In design registration processes, priority rights and their submission are regulated under Articles 62-63 of Code 6769 and Articles 56-58 of the Regulation.
Priority Period and Procedure: As with trademarks, the priority period for design applications or exhibition priority is 6 months from the initial date of the application or exhibition (Art. 62/1 of Code 6769). When filing a design application, the priority claim must be explicitly declared and the official fee must be paid simultaneously with the application. If a multiple application covering more than one design is concerned, the applicant must clearly specify during filing exactly which designs the priority right is being claimed for.
Document Submission and Translation Requirement: The certified priority document and, if the original is in a foreign language, its sworn Turkish translation must be submitted to the Office within 3 months from the application date (Art. 63/1 of Code 6769, Art. 56/1 of the Regulation)
C. Priority Rights and Exceptions in Patent and Utility Model Applications
In patent and utility model proceedings, the right of priority is governed by Articles 93 and 94 of Code 6769 and Articles 84-85 of the Regulation.
Priority Period: Unlike trademarks and designs, the priority period for patent and utility model applications is 12 months (Art. 93/1 of Code 6769).
Post-Filing Declaration Exception: Unlike trademarks and designs, patent applicants are granted an exceptional grace period if priority is not declared at the time of filing. Pursuant to Article 94/1 of Code 6769, the priority claim may be made with the application or submitted to TÜRKPATENT within 2 months from the application date, subject to the payment of the relevant priority claim fee. However, to benefit from this 2-month extension, the general 12-month period from the initial priority-generating application must not have expired.
Document Submission and Translation Requirement: The certified priority document and, if the document is in a foreign language, its sworn Turkish translation must be submitted to TÜRKPATENT within 3 months from the application date (Art. 94/1 of Code 6769). If these documents are not submitted within this timeframe, the priority claim is deemed invalid. In patent proceedings, the accuracy of the priority document's translation plays a crucial role in the novelty examinations conducted during subsequent stages, particularly against third-party disclosures made in the interim period.
Conclusion: Strategic Management of Deadlines and Documents
The right of priority offers rights holders a significant temporal advantage when securing industrial property assets in the global market. However, this advantage transforms into an effective protection only if the strict deadlines and formal requirements stipulated in the legislation are met. In TÜRKPATENT practice, submitting priority documents and their sworn Turkish translations completely within the 3-month peremptory period, and making the initial priority claim at the exact moment of filing (especially for trademarks and designs), remains the foundational cornerstone for avoiding the loss of rights.
To securely manage your priority rights and receive professional support in the Turkish phase of your global patent, trademark, and design portfolios, please contact us at info@goklulaw.com.
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