At the end of 2024, Turkish Patent and Trademark Office (“the Office”) made a significant move by publishing a revised communiqué on the classification of goods and services for trade mark registration applications. The changes, which came into effect following their publication in the Official Gazette on 20 December 2024, align the Turkish classification system with the latest updates made to the Nice Classification. These revisions aim to make the trade mark application process smoother, more efficient and accessible for applicants.

As general information, the Office’s list of goods and services serves as a reference point for applicants and is regularly updated to reflect the evolving market and legal landscape. While based on the Nice Classification, the Turkish version includes structural features adapted to local needs and practices. One of the key features is the subclassification system, which divides each class into more specific categories. This helps to better define the scope of protection and aims to avoid ambiguity in case of disputes. For instance, goods or services within the same subclass of a class are considered similar as a rule during the ex-officio examination, whereas those in different subclasses are deemed different.

It is important to note that the Office’s list is not exhaustive of every good or service covered by the Nice Classification, and it is not mandatory for applicants to use it when filing applications. Trade mark holders can choose either to adopt the exact wording of the Office’s list or draft their own specifications. However, local applicants often prefer using the standardised list while foreign applicants tend to draft more specific descriptions or prefer using the language from the Nice Classification directly.

A comparison between the revised list and the previous version dated 2017 reveals several changes, ranging from the deletion or addition of goods to the reclassification of certain items. Among the most significant updates are those reflecting technological advancements, such as the inclusion of "artificial intelligence humanoid robots," "cryptocurrencies," "NFTs," "drones” and "unmanned aerial vehicles”. Two new subclasses have also been introduced: one under class 09 for “humanoid robots with AI and related technologies” and another under class 45 covering “astrological and spiritual counseling services”.

The Office has also added categories that reflect local market needs and emerging sectors in Türkiye. For example, the addition of transportation and accommodation services for medical tourism highlights the sector’s rapid growth. Similarly, the addition of services like "arranging travel visas and documents" responds to the increasing challenges in obtaining visas in recent years, which has led to an increase in the number of companies operating in this sector.

A frequently asked question following this revision is whether the scope of the trade mark classes has changed and whether right holders need to file new applications to include the newly added goods and services. In fact, the scope of the classes has not expanded. The newly listed items were already considered to be covered within the respective classes but had not been explicitly defined in the previous version of the list. For instance, "dental services" and "psychological services" have always been considered to be within the scope of “medical services” under class 44, but their specific mention was added to the updated list, providing clarity. As such, submitting new applications is not necessary to protect rights for these goods and services, though trade mark owners may consider filing fresh applications if their business activities specifically focus on the newly added goods and services. In case of potential future disputes, right holders may benefit in filing new applications covering especially the new subclasses such as “Humanoid robots with artificial intelligence, laboratory robots, educational robots, robots for security surveillance” as a precautionary measure if they have or will have use on these goods. 

In conclusion, the Office’s recent revisions offer a more streamlined and Nice Classification-aligned system for trade mark applications. These updates reflect technological advancements and emerging market trends, while also enhancing clarity for both local and international applicants. Although new applications are not mandatory, right holders in the affected sectors should carefully review the updated list and consider filing fresh applications for the newly added goods and services to ensure their trade marks are duly protected.
 

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