If you have a brand, there are some measures you can take to prevent your rights from being violated by third parties. In addition, if your brand is being used illegally, you also have some legal rights. You can review our article to find out what you can do in this type of negative situation, and you can have extensive information about how you can take violation and objection actions.
If your registered trademark is violated by malicious third parties, the Unfair Competition Provisions will guide you in this regard.
In case of violation of a registered trademark by others, the Industrial Property Law comes into play. According to Article 150 of this law, persons who violate the industrial property right are obliged to arrange for the damages of the rightholder. If your industrial property rights are violated, if the owner of the property right suffers damage as a result of the bad production or use of these products or services by the violators, the provision of products produced in this Jul and the improper release to the market, compensation may also be claimed for this reason.
The owner of the property right, before filing a claim for compensation based on the claim of infringement, in order to identify the evidence or determine the amount of damage suffered in the compensation case that has been filed; he may file a request with the court on behalf of a decision to submit all documents related to the exercise of the property right to the court by the person liable for compensation.
The Turkish Patent and Trademark Authority publishes registration applications twice a month through newsletters. These newsletters should be monitored regularly to determine that your brand has not been subjected to any violations. If you encounter a violation in the newsletter published twice a month, there is a 2-month appeal period. Similar trademarks may be objected to during this period. The whole of this process is called brand monitoring.
As Alkan Patent, we keep track of all published newsletters and track our customers' brands in detail. In this way, we inform the trademark owners in the event of an unfair competitive environment and ensure the start of the appeal process.
The beginning of the trademark tracking process starts with the newsletters published by the Turkish Patent and Trademark Authority. Our brand specialists take into account the brands belonging to our customers individually in these newsletters, their classes, visual, auditory and conceptual similarities. With this detailed analysis, which is performed separately for each brand, our customers' brands are compared with the newly applied brands. When a determination is made regarding the identified similar brands, reports are received electronically and information is provided to customers. In this way, you can identify the possibility of a violation from the beginning and make the necessary objections.
Applications submitted to the Turkish Patent and Trademark Authority are registered if there is no objection as a result of a two-month process. Cancellation of a registered trademark is possible only as a result of a lawsuit to be filed. An objection petition is prepared with the instructions received after the notifications to be made by us for a similar trademark published in the newsletter, and all the necessary objection procedures are carried out.
If an objection is received to a trademark within the two-month bulletin period published by the Turkish Patent and Trademark Authority, the registration period is extended for a period of 6 to 12 months. In the newly filed trademark registration application, the trademark owner has the right to defend a counter-opinion about the similarity related to the trademark of the objecting company against the objection received to his trademark. In this way, he will have defended his own rights in the event of a negative decision by experts.
All transactions for the industrial property rights submitted within the scope of Alkan Patent are presented to the lead customer by means of a single contract. All brands that are registered by the companies under the contract or whose transactions are ongoing are included in the scope of monitoring. In this context, similarity research is carried out. In order to solve all kinds of problems that may cause harm to the rightholder and these problems, the brands that are monitored are reported monthly, and objections are made upon request to similar brands, preventing similar brands from obtaining registration.
Persons or organizations applying for the registration of your brand can be protected from unnecessary investments and costs by monitoring the status of their brand and similar brands that have been advertised during the registration process in order to use their rights effectively. Thanks to this service, the brand owner will have taken all the necessary measures by identifying similar or identical brands.
Foreign trademark tracking operations is a service covering the monitoring of international national trademark bulletins published monthly for registration of trademarks that have been applied for registration in a national sense.
As Alkan Patent, in cooperation with international organizations, it is possible for the trademark owner to pay attention to monitoring all violations.
If you have a registered brand and have made certain investments in this brand, brand tracking abroad is an important service. Companies operating in the Sunday abroad of these services and aiming to grow should especially take these services. It will bring significant advantages for such companies to work with surrogates capable of providing this service.
There are different varieties for monitoring your brand abroad. These are national brand monitoring, regional brand monitoring and worldwide brand monitoring. Which type will be used will be determined depending on your brand's goals and demands.
The trademark owner should be monitored separately with proxies in countries where there is a high probability that his trademark will be imitated and his rights will be violated. It is also possible to get this service from organizations that provide brand monitoring services in the region and worldwide.
The brand tracking service to be obtained from a proxy company is generally a more expensive process. A detailed monitoring report will be prepared and monitoring will be carried out for brands that may violate your rights. In case of similar trademarks appearing, the necessary applications will be made by the same proxy with the objection instruction.
Regional and worldwide monitoring, on the other hand, has lower costs. Monitoring reports generally do not contain details. One-to-one monitoring is carried out and in case of emergence of similar brands, there is an obligation to work with any proxy company from that country.
