The registration of an actively operating trade name means that it is registered by a joint-stock company under a name other than its corporate name while continuing its operations. Accordingly, if a company wishes to conduct its business under a name other than its corporate name, this name must be registered in the city where the company continues to operate under that name.
One of the most significant advantages of registering a trade name is the ability to easily inform others about your right to use the name. The second advantage is that the registration process provides detailed information about anyone who wishes to use the same name. If a name is already registered, individuals seeking to register it later can become aware of the existing registration. In both cases, this can help avoid costly legal disputes that may disrupt business operations.
Fictitious trade names must be registered with the Trade Registry Directorate located in the area where the business is headquartered. Every trader has the right to register their preferred trade name within 15 days from the date of opening their business. If a company is established, a company name (trade name) must be selected. This chosen name must meet the conditions set by the Trade Registry Directorate, essentially requiring a unique name within the region and industry in which you operate. To be protected under the Trade Name Law, it is important to actively use the trade name. This can be achieved by displaying the name in your store, on your website, or during communication interactions.
It is crucial that the trade name given to a commercial enterprise is not the same or similar to another company's. Using a brand name already used by any other company or a personal name other than yours is not possible. The trade name should not become a misleading element for customers or suppliers. This means that the trade name should in no way resemble a company that offers the same products, operates in the same industry, or provides the same services.
Furthermore, when registering the preferred trade name, a wrong name should not be used. For example, a sole proprietorship cannot be named as an A.S (Incorporated Company) under any circumstances. The trade name should not give a false impression about what the business does. If the company is not legally a foundation, the use of the word 'foundation' in the name is not possible. When a trade name that does not comply with these rules is used, it can inevitably lead to a fine.
A trade name is a name assumed to describe the activities and operations of an individual or an organization, and it does not contain the following information within the name:
Under the Turkish Commercial Code, it may be possible to protect the name of a business by registering it as a commercial trademark. To learn more about commercial trademarks, it may be beneficial to consult with your attorney or apply to the Trade Registration Directorate in the region where your business is located. According to the relevant legislation, registering identical names is not prohibited. However, if you decide to use a similar name to an existing business that may cause confusion or similarity, this can result in a lawsuit filed by the rights holder. The individual registering the name assumes full responsibility for any risk of confusion with an existing company, business name, or commercial trademark.
When starting a new business, choosing the right name for the commercial enterprise is one of the owner's most crucial tasks. It should be considered that this name is a significant factor in attracting potential customers, making customers familiar with the company, and establishing the business image. Selecting a name that is easy to remember and informative about the services or products offered will always be a more correct step. By choosing a distinctive name that sets you apart from competitors, you can prevent any misleading or confusing use of the name in describing the provided goods or services.
Every entrepreneur should be aware that their brand could eventually become their most valuable asset, and one of the most important ways to protect it is by having a registered trade name. Various aspects of a brand can be safeguarded through the registration of a trade name, and every company may consider applying for registration for their name, logo, significant services or products, and slogans. The prominent advantages and significance of registering a trade name can be outlined as follows:
Having a registered trade name is the first step in establishing legal ownership of a brand. Generally, trade name rights are established in conjunction with trademark registration. As a general rule, trademark registration is necessary to establish a strong legal ownership of the brand.
Registered trade names are effective in enhancing the operational freedom of companies. If a trade name is not registered, it is always possible for another entity in a different city or district to register a similar or confusingly similar name. In many cases, these conflicts are not intentional. Given the large number of trade name applications made every day, it is impossible for someone to be the only person thinking of a particular name. Therefore, having someone else register a similar name as a trade name in a location that is important to you can become a costly and problematic situation in the future.
Trademark registration also serves as a way to notify others of your rights. When a trade name is registered, ownership becomes public knowledge, and it is open for anyone else to discover and take into account. Registering your trade name is the safest way to reduce the likelihood of infringing on someone else's rights or being accused of infringing on someone else's rights in the future, regardless of whether you are infringing or being infringed upon.
It saves you money. Registering a trade name for commercial brands can be considered a relatively inexpensive form of intellectual property protection. Registering commercial brands will save you money in the event of any dispute, whether you are accused of infringement or not, as the outcome will ultimately result in additional expenses for all parties involved.
It increases brand value. Having a registered trade name has a significant impact on enhancing brand value. According to ISO standards, registered trademarks possess one of the three components attributed to brand value. The business name is a crucial distinguishing element that customers use to recognize you. As a result, your entire positive brand value, services, history, and reputation will be closely tied to it. Before doing business with you or purchasing any of your products, the first detail that needs to be known to differentiate you from similar merchants is your trade name. This makes the trade name an extremely valuable and memorable asset. Protecting and valuing your trade name as part of your intellectual property portfolio can significantly contribute to the brand's value and should be taken into consideration.
Trademark registration is known as an important element that adds value to a brand and protects it from similarities. Alkan Patent, who performs this registration on your behalf and closely follows the process, meets expectations with a high-quality service approach. To experience this extensive experience and comfort that spans many years, you can contact us now using the contact numbers available on our website and stay one step ahead of your competitors in the business world.
