Today, there are many different companies whose brand value can be measured in billions of dollars. The company trademark registration certificate is extremely important in terms of protecting the brand and developing a business model or product, becoming a distinctive element. According to the industrial property law, registration is essential for the protection of the trademark.
A brand can be defined as a term, symbol, word, design, shape, color, sign, or a combination of these elements used by one or a group of producers or sellers to promote and distinguish their goods and services from those of competitors. In this context, the American Marketing Association has defined a brand as any term, name, symbol, design, or symbol used by a seller or group of sellers to identify and differentiate their goods and services from those of competitors.
Trademark registration protects the rights of the trademark owner in various matters such as future trademark infringements, asserting the trademark's rights, seeking the prevention and cessation of potential infringements, demanding compensation, and initiating criminal investigations against individuals who infringe upon the trademark. For trademarks that are not registered, they may only benefit from limited protection against unfair competition.
Any sign can be accepted for trademark registration as long as it is distinctive. Therefore, trademark registration applications can be made for any sign that individuals request. Words, colors, letters, numbers, shapes, sounds, and the shape of goods or packaging, including personal names that can be displayed on the register in a way that can be easily understood, can all be used for trademark registration with ease. Distinctiveness encompasses elements and various features that make the sign different from others for any reason. Any sign is either distinctive from the outset or can acquire this quality through investment, use, new announcements and advertisements, promotional programs, and placement campaigns over time.
In today's context, real names, surnames, and nicknames of individuals can easily be accepted for trademark registration. With the enactment of the Industrial Property Law (Law) published in the Official Gazette on January 10, 2017, the registration of sounds has also been made possible as long as they are eligible for registration and can be displayed on the register. Prior to the acceptance of this law, the registration of abstract colors as a distinctive feature was not accepted as a stand-alone trademark due to the fact that a single color was not considered distinctive on its own and could be used by anyone. However, with the new Law, the registration of colors as standalone trademarks, as well as color combinations, has been accepted. Slogans that become synonymous with a brand can be registered as trademarks based on the packaging or shape of the goods and can therefore be protected.
Trademark registration can be done through physical paperwork or online application. To be eligible to apply, it is not required for the applicant to be a trader or have a commercial establishment for the trademark. Individuals can easily apply for trademark registration in this regard. There is no need to make separate preference applications for each trademark. It is not possible to make a single application for multiple trademarks nowadays.
A trademark application includes a form containing information about the applicant's identity, a sample of the trademark, a list of the services and goods covered by the application, proof of payment of the application fee, a technical specification if the application is for a collective mark or certification mark as regulated in the law, and proof of payment if there is a priority claim. Additionally, if any letters other than the Latin alphabet are used in the trademark sample, their Latin alphabet equivalents are also included. The registration of the trademark becomes effective upon the conclusion of the administrative process carried out by the TPE based on the submitted application.
The trademark registration application process proceeds as follows:
This process typically covers a period of approximately 7 to 9 months. An application that is submitted with deficiencies or that addresses its deficiencies, yet remains unopposed within the specified timeframe or has its opposition definitively rejected, will be registered and recorded in the trademark registry. The applicant is then required to be issued a "Trademark Registration Certificate."
The protection period provided by trademark registration is a 10-year period starting from the date of the trademark registration application. This period can be indefinitely renewed in 10-year increments starting from the end of each 10-year period. It is inevitable that trademarks not renewed within 6 months after the expiration of the protection period will be considered void. The request for renewal and payment of the renewal fee can be made within the 6-month period before the expiration of the protection period. If not requested during this time, renewal can still be achieved within the following 6 months by paying an additional fee.
It is not necessary for the trademark to be actively used in order to apply for trademark registration. The process of trademark registration remains essential for organizations of all sizes, providing an opportunity to protect branded products or designs. Through trademark registration, designs, products, and company brands can maintain their uniqueness. The registration process ensures that individuals have full legal rights over their product or design within the framework of the trademark.
The advantages of company trademark registration can be listed as follows:
Registering a trademark is crucial for brands of all scales, as it is essential for companies to protect their rights. In today's competitive environment, many brands aim to establish their presence in the commercial field quickly. In such a competitive landscape, preventing copies and monopolizing the use of the trademark can help a brand thrive and maintain its position. Therefore, trademark registration not only legally prevents any imitation of the brand but also ensures that every aspect of the brand can only be used by the individual, company, or entity that holds the registration. In case of any unauthorized use or copying of the trademark, legal action can be initiated promptly.
Trademark registration, in essence, is a significant power that grants full rights to the designed trademark. In this regard, Alkan Patent, which handles all the necessary procedures for company trademark registration on your behalf, is a company that meets your expectations with a top-level quality service approach. You can experience the quality of Alkan Patent to add value to your brand, protect it, and legally prove its ownership, benefiting from our many years of working experience and the peace of mind it brings. When it comes to demonstrating that your brand belongs to you and securing your rights, Alkan Patent is always here for you.
