A well-known brand is referred to as a brand that is recognized by people of all ages, from 7 to 70, not just a specific consumer segment. A brand is a symbol that distinguishes a product or service from others, and its primary purpose is to indicate the original source of the product or service.
Therefore, the concept of a well-known brand holds significant abstract value for companies. This value, which can determine a company's position in the market, emerges as a highly important factor.
The status of being known by everyone as a result of all the efforts in the products and services a brand offers is referred to as the concept of a well-known brand. In other words, it is also referred to as the level of recognition achieved by that brand within the target society.
In an attempt to explain the concept of a well-known brand, TRIPS (Trade-Related Aspects of Intellectual Property Rights Agreement) has tried to provide clarification based on the Paris Convention. Another definition considered for this concept is that a well-known brand is one that is known not only by those who are interested in this brand or the goods and services associated with it but also by those who are not interested in this brand or the goods and services it represents.
A registered trademark only allows for the protection of the brand within the sector of goods and services for which it is registered. In this way, other brands operating in the same sector and performing the same business cannot own that trademark because they do not hold the registration right.
The registration of a well-known brand, on the other hand, provides protection for the brand not only within its specific sector of goods and services but across all sectors of goods and services. The reason for this is the strength of the well-known brand's recognition level in the society it is present in.
In other words, in order to have the concept of well-known brand registration, a brand must have become known to the public by providing quality goods and services, conducting extensive advertising campaigns, and appealing to the community it operates in.
A brand that becomes well-known to the public after rigorous branding and marketing activities can also suffer significant damage if another brand uses its goods and services.
If you would like to obtain more detailed information about the registration of a well-known brand and benefit from consultancy services provided by our professional team and experts, you can contact Alkan Patent right away.
Companies aim to elevate their brand recognition and awareness in society to the level of 'Specially Protected Brands' by proving it. Achieving the status of a 'Recognized Brand,' under the leadership of the Turkish Patent and Trademark Office, further enhances its protectability. However, in order to attain the status of a recognized brand, the brand must meet certain specific criteria. These criteria can be listed as follows:
If a brand is registered in the 'Recognized Brands Registry' by the Turkish Patent and Trademark Office, this registration is binding according to the Turkish Patent and Trademark Office. However, it is not binding for courts and other institutions.
Should any issues arise, courts can accept the registration of these well-known brands as evidence. Therefore, through this registration, the brand is protected indefinitely. Additionally, this protection applies not only in the market where it produces its own goods and services but generally in every market.
When faced with an issue like brand similarity, the brand is in a stronger position compared to its competitors. It doesn't even need to present any evidence in response to objections. A registered brand that is recognized by competitors is at a significantly lower risk of being imitated. Otherwise, the imitating company can face legal consequences.
Lawsuits for imitation and unfair competition filed by recognized brands tend to have easier resolutions.
If there is a violation of the rights of a recognized brand, the compensation amount to be awarded is considerably higher.
Brands with recognized brand registrations benefit from special protection compared to other brands. The underlying reason is to prevent others from unjustly benefiting by using the name of a recognized brand.
Trust, image, value, reputation, and worth are the most important attributes of a recognized brand.
Brands that build trust and image through quality become a 'preferred choice' in the eyes of consumers. However, these brands are also more susceptible to being confused with new brands.
Well-known brands in the market are more exposed to the risks of being 'imitated' and 'profited from based on their recognition.' Additionally, products with a name very similar to a recognized brand that are produced with low quality can lead consumers to believe they are buying from the recognized brand and may create a misconception that the recognized brand is producing low-quality products. In such cases, special protection for recognized brands becomes of great importance.
When determining the possibility of confusion and similarity between these brands, brands are evaluated as a whole. During this examination, the principal elements of the brand are taken into consideration, but the secondary elements are not given much attention. When looking at the secondary elements, they are elements that generally have little impact on the distinctive character of the brand and are referred to as secondary in the industry.
Examinations focus on visual, auditory, and semantic aspects of brands. Subsequently, a class-based examination is carried out to assess the likelihood of confusion and the potential harm to the brand's reputation. By class-based examination, it is meant that brands are registered according to the industry they are associated with.
The classes included in this registration are determined according to the Nice Classification List. In trademark law, in order for brands working in similar classes to be distinguishable, the general appearances of the brands must be different from each other.
Even if brands are not in the same industry, it is possible for them to harm a well-known brand or lower its quality by imitating its name. In such a case, it is possible to damage both the brand's reputation and its economic situation.
While conducting all of these examinations, the perception of the relevant consumers in the industry is of great importance and should be evaluated. The examination considers whether consumers in the industry might be misled about the origin of the brands.
If you also want to have a registered well-known brand and want more detailed information, you can contact Alkan Patent.
