The ability to move ahead in the rankings due to previously acquired rights is called a right of first refusal. Prior right can be acquired through registration, exhibition, or applying for registration in another country. In trademark registration, this right can be acquired in two ways.

One such right is the right of priority obtained from trademark registration applications based on international agreements. To obtain priority rights in Türkiye, a trademark registration application must first be filed in one of the countries that are members of the Paris Convention. Priority rights can be established by applying to register the same trademark in Türkiye within six months of the application date.

Another way to obtain this right during trademark registration is through exhibition exhibitions. In countries where trademark registration is permitted, goods or services must be exhibited at exhibitions in accordance with official national or international permits. Subsequently, if the trademark registration and application in Türkiye are filed within six months of the date of the product or service being exhibited, priority rights can be exercised. Those wishing to exercise this right must officially document their ability to exercise this right.

Documents Required to Benefit from Priority Rights

Individuals or legal entities that have earned priority rights can exercise this right by documenting within the specified period that they have filed trademark applications or exhibited their goods/services in official exhibitions in countries other than Turkey. However, certain documents must be submitted to exercise this right. The documents required to exercise this right are as follows:

· The original document showing the priority right acquired from official authorities or a copy of this document certified by a notary public.

· A Turkish translation of any of these documents, certified by a sworn translator.

· Application petition regarding the priority right claim.

The required documents above must be submitted to the Turkish Patent and Trademark Office within three months. Otherwise, the application will be cancelled.

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