In today’s competitive business world, it is of great importance that a trademark is distinctive and protected. Trademark registration is an official process that provides legal protection of the sign that serves to distinguish the goods or services offered by a business from others. The registered trademark provides legal rights to its owner and ensures its protection against unauthorized use by third parties. In this article, we will discuss in detail what trademark registration is, the advantages it provides and the conditions required for registration.
What is Trademark Registration?
Trademark registration is a process that ensures the legal protection of a trademark for a certain period of time. Trademarks can be created with letters, numbers, words, shapes, colors, logos or various combinations thereof. Through trademark registration, the trademark owner obtains the exclusive right of use of the sign in question and can seek legal remedies in case of unauthorized use.
Trademark registration is carried out in Turkey by the Turkish Patent and Trademark Office (TURKPATENT). Registered trademarks are protected for 10 years and can be renewed before expiry (by filing a renewal application six months in advance) and continue to be protected indefinitely.
What are the Advantages of Trademark Registration?
– Provides Legal Protection: Trademark registration prevents unauthorized use of your trademark by third parties and provides protection against unfair competition.
– Gains Commercial Value: A registered trademark increases the market value of your business and allows you to make economic gains through transactions such as licensing and transfer.
– Provides an Official Right: A registered trademark provides legal rights to the trademark owner, giving the trademark owner the opportunity to take legal action against possible violations.
– Provides Customer Confidence: Registered trademarks create trust in the eyes of consumers and help to gain brand loyalty.
Conditions for the Registration of a Trademark
Not every trademark can be registered. In order for a trademark to be registered, it must meet certain criteria. Here are these conditions:
Distinctiveness Requirement
The trademark must be distinctive from other products or services. Generic and generic terms cannot be registered as trademarks. For example, the word “Water” cannot be registered as a trademark for a business that sells water.
Not Contrary to Law and Morals
The trademark must not contain expressions contrary to public order and public morality. Words that are offensive to the public, insulting or connoting illegal activities cannot be registered as trademarks.
Non-Descriptive Condition
The mark must not be a direct descriptor of the goods or services concerned. For example, the phrase “Delicious Ice Cream” cannot be registered as an ice cream trademark because it is a phrase that directly describes ice cream.
No Prior Registration Requirement
If a trademark has already been registered by someone else, it is not possible to re-register the same or a similar trademark. Therefore, a trademark search should be conducted prior to the application and it should be checked whether there are similar or identical trademarks.
Condition of Not Resembling the Names of Public Institutions and Organizations
The trademark cannot resemble the names of governmental institutions, flags, religious symbols or official insignia. For example, the expression “T.C. Resmi Gazete” cannot be registered as a trademark.
Trademark Registration Process
- Preliminary Search: Before applying for registration, a trademark inquiry should be made and the existence of similar or identical trademarks should be checked.
- Application: An online or physical application is made to the Turkish Patent and Trademark Office.
- Examination: The authorized institution examines the application formally and legally.
- Announcement and Opposition Process: If the application is accepted, the trademark is announced in the Official Trademark Bulletin and third parties have the right to object.
- Registration and Issuance of Certificate: If there is no opposition or the opposition is rejected, the trademark is registered and the certificate is delivered to the trademark owner.
Trademark registration provides legal assurance by protecting the trademark rights of businesses or individuals. It is of great importance to carry out the trademark registration process and the post-registration process correctly in order to protect your trademark and prevent possible loss of rights in the future. Getting expert support for the registration and protection of your trademark will ensure that the process goes faster and smoother. You can contact us for legal consultancy services in this regard.
