Trademark is known as a tool for the promotion of intangible heritage. Registering a brand enables one to possess a form of intellectual property that can be monetized. A commercial trademark can be assigned or licensed independently from the business that uses it. The registration of a commercial trademark makes it possible to create value, especially through a franchise network.
Registered trademarks often become some of a company's most valuable assets because they serve as recognition symbols for customers. Furthermore, a trademark registration certificate serves as more tangible evidence than copyright.
A trademark registration certificate includes not only the graphic representation of the trademark but also a list of goods and services. In the case of the use of a similar or identical mark for similar goods and services, trademark infringement will arise. At this point, the registration procedures for the trademark are of great importance.
The registration process of a commercial brand constitutes a public act indicating your desire to obtain a monopoly over a distinctive sign. The owner of the brand has a period of 5 years from the registration date to use their brand. Otherwise, they are obligated to cancel it due to non-use.
Other distinctive signs (such as domain names, trade names, signs, etc.) only provide protection when they are used. Particularly, an unused domain name, even if registered as a trademark, cannot be considered as a priority right. It can be a word, a phrase, a sentence, a logo, or even a sound. So, how is a trademark registration done? Or where is the registration process conducted?
A commercial or service mark is defined as a sign with graphical representation capability that distinguishes the products or services of an individual or company. In this regard, trademark registration is a crucial matter. It is highly necessary for a trademark to be represented in the national register.
Commercial trademarks must be registered in a manner that clearly defines the purpose of the protection granted to the owner, allowing them to safeguard their rights and responsibilities in this way.
The required documents for trademark applications vary depending on whether the application is made on behalf of a legal entity or an individual.
For legal entity applications, the following documents are required:
For individual applications, the following documents are required:
These documents need to be submitted during the trademark application process.
The registration process is carried out by the Turkish Patent and Trademark Office. It can also be done with the assistance of official representatives registered with the institution. Registering a trademark requires thorough research, monitoring, and knowledge in this regard. The registration process can take approximately up to 1 year.
Trademark protection starts from the moment the application is submitted, down to the exact hour and minute.
After applying for trademark registration, the Turkish Patent and Trademark Office verifies whether the application meets the required formal criteria and notifies the applicant or their representative in an official letter. Through registration, a trademark obtains exclusive rights over a distinctive sign, even if it hasn't been used as a distinctive sign yet.
Trademark applications are generally submitted online by the applicant or their official representative, or by filling out the necessary documents completely. Additionally, trademarks come with various advantages and disadvantages that can manifest in different ways."
The process of trademark registration allows for the filing of a commercial trademark, granting exclusive rights over various elements. This can include one or more words, a logo, a musical phrase, sounds, three-dimensional representations, and even animations. A color or color combination can also be registered as a trademark.
Unlike the requirement for novelty in design and patents, it is not necessary for the mark to be new in order to be registered. The mark does not need to be original; it just needs to be distinctive. The registration process provides unlimited protection for the trademark over time.
It also enables claiming exclusive rights indefinitely, as a trademark can be renewed at 10-year intervals indefinitely. Using and renewing the trademark is necessary and sufficient.
Once registered under brand security, a commercially registered trademark provides assurance that these rights cannot be challenged after five years of use. At the same time, there are legal restrictions with tolerance according to the Intellectual Property Law. This means that the use of the trademark for products and services operated for five years from the registration date can no longer be questioned.
This rule provides very strong legal certainty. Trademark protection procedures are of great importance to the trademark owner in this regard. Legally protecting the trademark helps prevent many problems.
A brand must always be legal. The primary criterion for the legality of a brand aims to ensure that it does not disrupt public order. For example, a brand named 'A' could not be registered as a brand because it incites murder against a group of people. The legal public authority responsible for registration checks whether these criteria are met. Otherwise, the office will raise an objection to prevent the registration of the brand.
Before registering your trademark, it is necessary to find out if one of your competitors is already using the same name or logo for their business activities. Registering a trademark that is already being used by another company is not advisable.
Primarily, it is necessary to check various public records to determine if a trademark is a company name or if there is a similar domain name in existence. It is also not recommended to reveal the owner of the trademark during this search, as it may affect the continuation of the trademark registration or negotiations for an agreement. In this context, the issuance of a trademark registration certificate cannot be performed.
Generally, the institution to which the application will be made provides entirely legal procedures for trademark registration. This implies that there is no need for concrete action. The institution's website offers online trademark application forms that allow the entire application process to be conducted online.
Unless the trademark to be registered has multiple owners or there is no legal impediment, hiring an attorney is not mandatory. However, these forms present complex questions, so mistakes are often made during the application process when filing trademarks.
This renders the filing ineffective. An intellectual property attorney will help you give your trademark its full legal value. It will also allow you to prevent competitors from using a similar name or logo for their businesses.
The brand name can be freely chosen. It can be any word, any number, or letter sequence, whether or not it is associated with a figurative element. This allows you to unleash your imagination and choose the name you want comfortably. It is possible to register two commercial trademarks to ensure the best protection of logos associated with a figurative element.
Filing a standalone brand name involves only protecting the name, and it includes filing the first commercial trademark for that purpose. In this context, trademark registration application is a highly important matter. It is the most crucial procedure necessary for the brand owner to gain profits and protect their brand.
