Claiming Paris Convention Priority in Turkey for a Trademark

If you filed a trademark abroad first and now want to protect the same mark in Türkiye, claiming Paris Convention priority in Turkey lets your Turkish application keep the earlier foreign filing date. In practice, you have six months from that first application to file in Türkiye and claim the earlier date, which can be the difference between owning a mark and losing it to someone who filed just after you. This guide explains who qualifies, what the deadlines are, and exactly how to make the claim stick.

What Is Paris Convention Priority in Turkey?

Paris Convention priority in Turkey is a right that lets you backdate a Turkish trademark application to the filing date of your first application in another member country. Türkiye is a long-standing party to the Paris Convention for the Protection of Industrial Property, and the mechanism is written into Turkey’s Industrial Property Code No. 6769. When you claim priority, TÜRKPATENT treats your Turkish application as if it had been filed on the day you first filed abroad, for the purpose of deciding who has the earlier right.

The practical value is simple. Between the date of your first foreign filing and the date you reach Türkiye, someone else might apply for an identical or similar mark. A valid priority claim means that later filing cannot be used against you, because in the eyes of the office your effective date is the earlier one.

Who Can Claim Paris Convention Priority in Turkey?

You can claim Paris Convention priority in Turkey if your first trademark application was filed in a country that belongs to the Paris Convention or the World Trade Organization. That covers most of the world’s jurisdictions, so the majority of applicants who filed a home application will qualify. The applicant filing in Türkiye must be the same person or entity named on the first application, or a legitimate successor in title, such as a company that acquired the earlier rights.

The trademark itself must match. Priority attaches to a specific mark for specific goods and services, so the claim only covers the goods and services that also appeared in the first application. If your Turkish application adds new classes that were not in the original filing, the added items will not enjoy the earlier date. The priority right belongs to the first regularly filed application, meaning one that was complete enough to establish a filing date, even if it was later withdrawn or refused.

The Six-Month Priority Period for Trademarks

The priority period for a trademark is six months, counted from the day after the first foreign application was filed. This six month priority period trademark rule comes straight from Article 4 of the Paris Convention and is one of the few numbers in this area that does not change. Patents and utility models get twelve months; trademarks and industrial designs get six. Miss the six-month window and the priority right is gone, with no discretionary extension available.

A worked example helps. Suppose you filed a trademark in Germany on 3 March. Your six month priority period trademark deadline runs to 3 September of the same year. File your Turkish application on or before that date and claim the German filing, and TÜRKPATENT treats your Turkish date as 3 March. File on 4 September and the priority is lost. Because the deadline is strict, we usually advise treating the practical cut-off as a week or two early, to allow for translation, power of attorney and any office holidays.

How to Claim Priority for a Turkish Trademark Application

To claim priority for a Turkish trademark application, you state the claim when you file and then back it up with a certified copy of the first application. The claim is not automatic; TÜRKPATENT will not guess that an earlier filing exists. You must actively declare the country, the filing date and the application number of the earlier application, at filing or within the short period the office allows.

The steps below reflect how a priority claim Turkish trademark application is handled in day-to-day practice before TÜRKPATENT:

1. File within six months. Submit the Turkish application before the six-month priority period closes, listing the goods and services that overlap with the first filing.
2. Declare the priority at filing. Name the earlier country, application number and date, so the priority claim is on record from the start.
3. Submit the certified priority document. Provide a certified copy of the first application from the office of origin, generally within about three months of the Turkish filing date as of the time this article is written.
4. Add a translation if requested. TÜRKPATENT may ask for a Turkish translation of the priority document, so supply it promptly to avoid losing the claim.
5. Pay the priority fee. A separate official fee applies to a priority claim, on top of the standard application and class fees.

In our practice before TÜRKPATENT, a priority claim Turkish trademark application that arrives with the certified document ready moves through examination without avoidable queries. The claims that cause trouble are the ones where the document is forgotten until a deficiency notice arrives.

Documents You Need for a Priority Claim

The core document is a certified copy of your first application, sometimes called a priority document, issued by the intellectual property office where you filed first. It shows the mark, the filing date, the application number and the goods and services. Alongside it you will typically need a power of attorney appointing your Turkish trademark attorney (marka ve patent vekili) to act, and, where the office asks, a translation of the priority document into Turkish.

How to claim priority for a Turkish trademark comes down to getting these papers to TÜRKPATENT in the right order and inside the deadlines. The certified copy is the piece applicants most often underestimate, because some national offices take weeks to issue it. Order it as soon as you decide to extend into Türkiye.

Exhibition Priority: A Second, Less Common Route

Exhibition priority lets you date your Turkish application from the first display of the mark at a recognised official or officially recognised international exhibition. It comes from Article 11 of the Paris Convention and is reflected in the Industrial Property Code. The same six-month window applies, counted from the date the goods bearing the mark were first exhibited, and it does not add to the ordinary priority period if you also filed an application.

This route matters to businesses that unveil a product at a trade fair before they have filed anywhere. With a certificate from the exhibition authority, you can secure a trademark priority right Turkey applicants rarely think about, one that occasionally saves a launch that went public before the paperwork was ready. It is narrower and more document-heavy than ordinary priority, so most applicants still rely on their first national filing.

Common Mistakes That Break a Priority Claim

Most lost priority claims come down to a handful of avoidable errors. Knowing them in advance is the cheapest insurance you can buy.

• Missing the six-month deadline. The window is firm. A priority claim Turkish trademark application filed even one day late loses the earlier date entirely.
• Mismatched applicant. If the Turkish applicant is a different entity from the first filer and no proper assignment is shown, the claim can fail.
• Wider goods and services. Only the items common to both filings enjoy priority; new classes added in Türkiye take the actual Turkish filing date.
• Late or missing priority document. Not submitting the certified copy within the period TÜRKPATENT allows is a frequent reason a claim is dropped.
• Wrong first application. Priority runs from your first application for that mark, not a later one. Claiming from a second filing when an earlier one exists can invalidate the claim.

A clean clearance search before you file is also worth the effort. Priority protects your date, but it does not clear the road of earlier Turkish rights that predate even your foreign filing.

Priority Claim vs Filing Fresh in Türkiye

If you are deciding whether the priority route is worth it, the list below sets out the practical trade-offs between the two paths.

• Effective date. With priority, your date is the first foreign filing date. Filing fresh, it is the actual Turkish filing date.
• Deadline pressure. Priority must be filed within six months of the first application. Filing fresh has no external deadline.
• Extra documents. Priority needs a certified priority copy and a possible translation. Filing fresh needs only the standard application papers.
• Extra cost. A separate priority fee applies to a priority claim. Filing fresh carries no priority fee.
• Protection against in-between filings. Priority protects you back to the earlier date. Filing fresh protects you only from the Turkish filing date.

For most foreign businesses expanding into Türkiye within the six-month window, claiming priority is the safer choice because it neutralises anyone who filed a similar mark in the gap. If your window has already closed, filing fresh is perfectly valid and often still worthwhile.

How Leo Patent Handles a Priority Claim

As authorised representatives before TÜRKPATENT, we manage the priority claim end to end. That means checking that your first application qualifies, calculating the exact six-month deadline, filing the Turkish application with the priority declaration built in, and chasing the certified priority document and any translation so it lands inside the office’s window. From our office in Istanbul we act for applicants worldwide, and a claim to Paris Convention priority in Turkey is one of the most common tasks we handle. Official fees, timeframes and document rules can change, so confirm the current details with a trademark and patent attorney before you rely on them.

Frequently Asked Questions

How long do I have to claim Paris Convention priority in Turkey?

You have six months from the day after your first foreign trademark application to file in Türkiye and claim priority. The period comes from Article 4 of the Paris Convention and cannot be extended, so file with a comfortable margin before the deadline.

How do I claim priority for a Turkish trademark application?

You declare the priority when you file the Turkish application, stating the earlier country, application number and date, then submit a certified copy of that first application within the period TÜRKPATENT allows. A separate priority fee applies, and the office may request a Turkish translation.

What is the six month priority period trademark rule?

The six month priority period trademark rule means trademarks and industrial designs get six months of priority under the Paris Convention, while patents and utility models get twelve. It is counted from the day after the first application and does not change from one country to another.

Does the priority claim cover all my goods and services?

A priority claim only covers the goods and services that also appeared in your first application. Any classes you add for the first time in the Turkish filing take the real Turkish date, not the earlier priority date, so keep the specifications aligned where you can.

Can a different company claim priority from my first filing?

Priority can be claimed by the original applicant or a legitimate successor in title, such as a company that acquired the earlier trademark rights. If the Turkish applicant differs from the first filer, be ready to show a valid assignment, otherwise the trademark priority right Turkey grants may be refused.

What happens if I miss the six-month window?

If you miss the window, you lose the priority right but not the ability to protect your mark. You can still file a normal Turkish trademark application, which will simply carry its own filing date rather than the earlier foreign one.

Do I need the original priority document or is a copy enough?

TÜRKPATENT requires a certified copy of the first application, issued by the office where you filed, rather than a plain photocopy. Order it early, because some national offices take several weeks to produce it, and it must reach the Turkish office within its deadline.

Is exhibition priority the same as ordinary priority?

Exhibition priority is a separate route that dates your application from the first display of the mark at a recognised international exhibition, under Article 11 of the Paris Convention. It uses the same six-month period but needs proof from the exhibition authority, and most applicants still rely on their first national filing instead.

About Leo Patent

Leo Patent is a leading trademark and patent attorney firm (marka ve patent vekili) serving foreign and Turkish clients across Türkiye. The firm is registered before the Turkish Patent and Trademark Office (TÜRKPATENT) and the Istanbul Chamber of Commerce (registration no. 308755-5), and handles trademark, patent, design and other intellectual property registrations in Türkiye and internationally.

This article was prepared under the supervision of Burak Ünal, general manager of Leo Patent, registered trademark attorney (TÜRKPATENT reg. no. 2900) and registered patent attorney (TÜRKPATENT reg. no. 1677). He holds a Business Management degree from Boğaziçi University (2016) and an MSc in Finance from the London School of Economics, which he attended as a Chevening Scholar; he is also a congress member of Galatasaray Sports Club. He advises clients in Turkish, English, French and Chinese. In Türkiye, trademark and patent attorneys are a regulated profession separate from lawyers: Burak Ünal is not a lawyer, and Leo Patent does not provide lawyer services or court representation.

Need help with a trademark or patent in Türkiye? Contact Leo Patent for a consultation: www.leopatent.com · [email protected] · WhatsApp +90 532 689 48 18.

Disclaimer: Leo Patent is a trademark and patent attorney firm (marka ve patent vekili) and is not a law firm; it does not provide lawyer services, legal advice or court representation. This article is for general informational purposes only and you are strongly advised to consult a qualified professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.