The Implementation of the Subclass System in Trademark Registration in Turkey

According to Communiqué No. 2024/2 on the “Classification of Goods and Services for Trademark Registration Purposes,” issued by the Turkish Patent and Trademark Office (TÜRKPATENT) and published in the Official Gazette No. 32758 dated December 20, 2024, the subclass system has officially come into effect as of the publication date.

Previously, when filing a trademark application in Turkey, applicants were only required to specify the relevant class(es) of goods or services. However, under the new regulation, each class can now be broken down into more detailed subclasses to better define the scope of protection and prevent ambiguity in potential disputes.

Key Highlight – Class 35

The most significant change applies to Class 35, which covers retail and wholesale services. In particular, subclass 35.5 has been introduced to protect services that involve “bringing together a variety of goods (from Class 1 to Class 34) for consumer convenience.”

For example, a textile company seeking to protect its trademark for products such as shoes, hats, dresses, swimwear, etc., can now use subclass 35.5 to register for services that bring these items together, in addition to the traditional Class 25 for clothing.

Fees and Filing Strategy

TÜRKPATENT has also updated its fee schedule, introducing an additional fee for applications that include three or more subclasses under 35.5. This measure is designed to encourage applicants to select subclasses more precisely and in line with their actual business operations, avoiding overly broad or unnecessary filings.

Therefore, businesses are advised to consult with legal representatives to weigh the benefits of broader protection against increased costs — helping them adopt the most appropriate and cost-effective filing strategy.

Subclass 35.5 is Optional – But Worth Considering

While the use of subclass 35.5 is not mandatory, it is highly recommended for businesses engaged in retail and wholesale activities. Specifying this subclass helps clarify the scope of protected goods and strengthens the legal enforceability of the trademark in the Turkish market.

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