It is the protection of the name and logo you give to the company or product, that is, signs that can be published and reproduced by printing, such as contact names, words, shapes, letters, numbers, sounds, etc., are protected by registration.
Words that are not distinctive, are frequently used by everyone or in the sector in which they are located, but also indicate the property, quality, variety of a product, briefly describe the relevant product or sector, cannot be registered as trademarks.
A trademark application has been filed or registered with the Turkish Patent and Trademark Authority before, and the protection period is exactly the same for ongoing trademarks 3. If an application is made on behalf of persons, it is rejected.
If a trademark used for commercial purposes is not registered, it can be used by malicious persons to obtain unfair profit or an application can be made to the Turkish Patent and Trademark Authority for registration.
If you cannot prove that you have been using your trademark that you have been using for a long time but have not registered, when someone else applies to the Turkish Patent and Trademark Authority without your permission, your objection to this trademark will result in a negative result and you may lose your trademark. In such a case, all the material and spiritual efforts you have made for that brand will be wasted.
Even the other party who stole your brand will prevent you from using this brand. You may have to fight a legal battle for many years to get your brand back.
Before obtaining trademark registration, it should be investigated whether this trademark is suitable for the Turkish Patent and trademark authority from the Trademark Patent attorneys who are experts in this field.
Trademark Application procedures are carried out online. The protection period of the trademark begins with the submission of the application.
The commencement of the trademark protection period does not provide rights on the trademark, the trademark must be registered in order for any rights on the trademark to be granted. Registration is possible only after the trademark is published in the newsletter after the application, the end of the newsletter period and the deposit of the registration fee to the Institution. A trademark that has been applied for is subject to examination and research according to the criteria specified in the regulation. Trademark application, the shape of which is found to be in accordance with the requirements 3. It is published in the newsletter for the objection of people. if there is no objection within the 2-month publication period, the registration decision is made. The document is forwarded to the proxy with the deposit of the registration fee to the trademark for which the registration decision has been made. All positive processes take place within an average of 6-12 months.
Although the rights on the trademark belong to the applicant as of the moment the trademark application is filed, the legal rights begin with the registration of the trademark and continue to be protected for life by renewing for 10-year periods.
The trademark applicant has the right to use the products and services he has registered as the sole right holder. Sending a warning to unauthorized users, it has the right to file an unfair competition lawsuit, injunction and confiscation, and file a lawsuit for material and moral damages.
“Within five years from the date of registration, it is decided to cancel a trademark that has not been seriously used by the trademark owner in Turkey in terms of goods or services for which it has been registered without a justified reason, or whose use has been Decoupled for five years.”
With this article, the ownership of the rights over the brands that are not used can be canceled through a lawsuit.
The Proxy prepares Trademark, Design, Geographical Indication, Patent and Utility Model applications in the best way with years of knowledge and experience within the framework of the rules requested by the Turkish Patent and Trademark Authority. Thus, you will not experience both time and financial loss because your transactions are prepared in an error-free and comprehensive way.
Trademark and Patent Attorneys are those who have achieved success and registered in the Institution's Registry, who also meet certain conditions in the examination conducted by the Turkish Patent and Trademark Institution on Industrial Property Rights. The fact that a surrogate is registered in the Corporate register, all responsibility belongs to the surrogate in cases such as possible time running out.
Working with a consultant who is not registered in the corporate register causes all the responsibility to belong to the applicant in cases such as possible time off.
First of all, in the selection of the proxy to be worked with, it is necessary to work with proxies registered with the Turkish Patent and Trademark Authority.
If Alkan Patent Company is your proxy, a report on similar registered or registered trademarks is prepared for you before applying for trademark registration procedures, and the risks that may arise during registration procedures are presented to you.
After the application, regular status reports are sent and all positive or negative information about your application is communicated to you and the applicants are directed in the most accurate and fastest way.
Until your trademark is registered, even after receiving the registration certificate, new trademark applications similar to your brand are detected by regular newsletter scans and notified to the applicants to prevent possible rights losses.
An administrative review process begins with the submission of the necessary documents for the application to the Turkish Patent and Trademark Office. The application in question grants a priority right to the rightholder, and this priority right is determined by the date, hour and minute when the application was registered.
The right of application is a right that prevents someone else from registering the same or indistinguishably similar mark for the same or similar goods or services. Thus, the right obtained by the application will provide the right to prevent the registration of subsequent applications by a decision to be made by the TPE or by an appeal to be made.
The right of application, at the request of the applicant or his representative, does not cover changes in the content, goods or services in the Trademark application; errors in the name and address of the applicant, spelling errors provide the right to correct inaccuracies.
The right of application provides the possibility of withdrawal by the applicant before the registration of the trademark.
The right of application provides the applicant with a right that can be transferred to the inheritance, transferred, foreclosed pledge or subject to license.
The meaning of the ”R“ sign is written as ”Register“ and used for the purpose of ”Registered".
The meaning of the ”TM" sign is written as a Trade Mark and means a trademark. A registration application has been submitted and is being used for brands that have not yet been registered and the trademark registration certificate has not been linked.
The meaning of the ”C" sign is written as Copyright and used in the sense of copyright.
Trademarks Apr filed / to be filed with the Turkish Patent and Trademark Authority “ In accordance with the Apr Classification organized in accordance with the provisions of the Nis Agreement on the International Classification of Goods and Services for the purpose of Trademark Registration, the Goods and Services Classification List that will be based on trademark registration applications filed with the Turkish Patent and Trademark Authority are grouped in accordance.
There are a total of 45 classes in this grouping, and classes between 1 -34 are production classes, and 35-45 classes cover the service sector. Dec.
According to the Industrial Property Law, it is the right holder who actually uses the trademark first, and not the one who registered the trademark first. In this case, the person who uses the brand first and constantly and proves its use is the true owner of the brand. The law prefers the person who constantly uses the brand as the real Brand owner. In this case, even if the trademark of the third party has been registered, the invalidity of the trademark can be ensured with the rights arising from the Law.
Generally recognized brands are made by determining the level of recognition of the brand by the public, the recognition of the brand by everyone, the level of general recognition that the brand has reached beyond the potential and actual users of the product.
The criteria that a trademark must meet in order to become a recognized trademark are defined under 18 main headings on the website of the Turkish Patent and Trademark Authority. For the website of the Turkish Patent Institute, www.turkpatent.gov.tr
The Turkish Patent and Trademark Authority makes an assessment on the submitted documents. It decides according to its examination whether it meets the 18-point criteria determined during this examination. Although it is not necessary that all the criteria shown must be met in order to become a recognized brand, it is sufficient that a certain majority of the criteria are met. Otherwise, the Turkish Patent and Trademark Authority will REJECT the request in question.
-If an application is made for registration of the same or similar well-known trademark in any other class, the TURKISH PATENT rejects the trademark in question upon the objection of the well-known trademark owner.
-It is easier for a well-known trademark owner to be able to prove the authenticity of an allegation that trademark rights have been violated in a possible lawsuit.
-It will be easier to prove the damage in the compensation case that the well-known trademark owner will open due to unfair use.
At the same time, the fact that a brand has been registered as a recognized brand ensures that it has significant prestige.
While a well-known trademark provides protection primarily for the relevant classes that are protected, if there is a similar trademark registration application, the TURKISH PATENT accepts the objection upon objection, regardless of which class the registration request is in. The same or closely similar brand in question protects its Brand in all areas with the objections of the well-known trademark owner.
The brand owner who thinks that he is a well-known brand submits the documents proving the recognition of his brand to the institution. These documents consist of the criteria set out in 18 articles published on the web page of the Turkish Patent.
It does not mean that the brand in question is a brand with a high degree of recognition in society. He knows about his health with a request petition on the deposited fees. On the contrary, the fact that the brand is a well-known brand is only a result that the brand can achieve as a result of strong promotion, intensive labor.
To put it briefly, the fact that it is registered in the classroom will not provide the result as recognized by the trademark in question.
If an application is made to the Turkish Patent and Trademark Authority for a trademark registered as a recognized trademark, the application will be rejected if there is a sector similarity. If there is no sector similarity, the registration application is rejected upon the objection of the recognized trademark owner.
