Protection Term of Utility Model
The protection term of a utility model is 10 years from the effective filing date. The respective term cannot be extended. However, for the protection to continue throughout 10 years, a certain fee must be paid annually to the Turkish Patent and Trademark Office.
Annual fees (i.e., annuities, maintenance, or renewal fees) are updated each year. Annual fees to be applied in the respective year are announced in the fee tariff which is published at the beginning of each year in the Official Gazette. The annual utility model fees, which are valid for 2021, are listed below:
When is the due date?
In Turkey, annual fees for a utility model (or a utility model application) are paid in advance for the third year and each subsequent year. The due date of the annual fee for the third year is the second anniversary (corresponding month and day) of the application date. The due dates of the subsequent years are also based on the anniversary of the utility model application. As the annual fees are updated each year, these fees should be paid after the updated fees of the relevant year are published in the fee tariff in the Official Gazette.
What happens if the annual fee is not paid by the due date?
If the annual fee payment is not made by the due date, the annual fee can still be paid within 6 months of the due date, provided that an additional fee is also paid. Unless the annual fee is paid within the respective additional 6 months, the utility model right will expire. The respective situation is notified to the utility model owner (or applicant) and published in the Official Patent Bulletin.
If the utility model expires due to failure of the payment of the annual fee within the 6-month grace period, the utility model can still be revalidated from the payment date of a compensatory fee. However, the respective compensatory fee must be paid within 2 months of receipt of the notification about the expiration of the utility model. Please note that in the case of revalidation of the utility model, the third parties’ rights vested between the expiration and revalidation dates of the utility model shall remain protected.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 514 20 14