A Comprehensive Review on the Brand

What is the Brand?

The Brand provide the distinguishing of enterprise’s goods or services from other enterprise’s goods or services.

On the condition that subject of the protection which is ensured to the trademark owner can be shown in the register in a way providing to be understand clearly and precisely, Brand is any sign words including person names, figures, colors, letters, numbers, sounds and any form of goods or packings.

Why is Trademark Registration Important?

Trademark registration, although it is not mandatory, is the most important tool to prove rights on brand and prevent violation of brand. Trademark registration has great importance in many matters such as claiming brand right in possible brand violations, preventing and eliminating rape and demanding compensation. On the other hand, with regard to unregistered brands, it is only benefited from unfair competition which is a narrow protection.

Due to registered trademark provides the owner a much broader protection than the unregistered brand, trademark registration is highly recommended in all countries which is involved in an operation.

Which Brands can be Registered?

It is possible to register any mark as a trademark provided that it is distinctive. All kinds of signs can be registered as brand names, including words, figures, colors, letters, numbers, sounds and the form of goods or packagings, including person names provided that are clearly visible in the register. The distinctive mark refers to features and elements that make a word or sign different from others due to any reason.

It is possible to register any mark as a trademark provided that it is distinctive. All kinds of signs can be registered as brand names, including words, figures, colors, letters, numbers, sounds and the form of goods or packagings, including person names provided that are clearly visible in the register. The distinctive mark refers to features and elements that make a word or sign different from others due to any reason.

Who can apply for trademark registration?

Following persons are entitled to the right of trademark application in Turkey;

  • Citizens of the Republic of Turkey

Real persons or legal entities which is settlement in the Republic of Turkey or carrying on industrial/ intellectual business

  • Applicants under the Paris Convention or the World Trade Organization Foundation Agreement
  • In accordance with the principle of reciprocity, persons that is a citizen of nationals which providing protecting of proprietary right to Turkish person

nationals of states parties to the people in the Republic of Turkey nationality providing protection of industrial property rights

Trademark Registration Procedures

In order to apply, the applicant is not required to be a merchant or a commercial enterprise. Real persons can apply for trademark registration on their own behalf. No single brand application can be made for multiple brands. A separate registration application is required for each brand.

When applying to brand registration, it is required that be submitted of following issues;

  • Identity and contact information of the applicant/applicants, if application is made by the attorney identity and contact details of the attorney
  • If wished to benefit from the preemptive rights, the original copy of hereby right which is granted by the competent authority and the Turkish translation of this copy approved by the sworn translator
  • a brand example bearing the conditions specified in the law
  • if letters other than Latin alphabet are used provision of it in Latin alphabet
  • class numbers of goods or services related to trademark application and edited list in accordance with these numbers,
  • application fee,
  • if there is more than one class of goods or services within the scope of the application, the information about payment of fee for additional classes
  • the documentation which is shown that paid fee regarding demanding preemption rights if available
  • information regarding the consent latter if available

Trademark registration takes place at the end of the administrative process carried out by the Turkish Patent and Trademark Office (TPTO). This process is consisted of;

  • Registration Application
  • Subjecting to review of application by TPTO
  • Publication of application
  • Appealed of application, examination of objections
  • Granted of Registration Documents / Rejection of Registration Applications

If the application is complete or if the application that any deficiencies have been removed lately and any objection is not made to the right within the term or the objection is rejected are register and trademark Registration Certificate is also given to applicant.

The protection period which is provided by registration is 10 years from the date of application.
Expiry application is made from that 6 months left to expiring every 10 years. This period can be renewed in 10-year periods.

In case this 6-month period is missed, a delayed extension application penalty shall be paid within 6 months following the 10-year protection period in this way the protection of trademark registration can be extended.

The trademark must not be in use in order to apply for trademark registration. However, if the brand is not used in any 5-year period after the registration, the cancellation of the brand will be decided.

Special Protected Brands

1. Well-known brands

There are many definitions of well-known brands in national or international regulations. Because, recognition is a phenomenon that differs in each concrete case, does not meet the predetermined criteria and changes over time.

In general, well-known brands can be defined in a way of an association which is reflexively formed by the neighbor person regardless of geographical boundary, culture and age difference without distinction between customer and other subjective interests and relationships, assurance, quality, advertising power, widely connected to a distribution network, strict adherence to a person or entrepreneurship.

2. WIPO Protection

These are the signs which is used in order to guarantee and control that have been sent to TURKPATENT through WIPO or signs which is owned by official institutions that for example, OECD, IMF and WTO statements are protected.

3. Turkish Protection

Following issues are protect in this content,

  • Marks related sovereignty of the Republic of Turkey,
  • Signs and nomenclatures adopted by the state as official markers and signs of guarantee;
  • non-economic signs and nomenclatures of state, local administrations and other public entities;
  • Signs and nomenclatures of professional bodies which are not publicly registered as trade and service marks;
  • Signs and nomenclature of associations working in the public interest with the decision of the Council of Ministers;
  • Other signs that need to be protected in terms of public interest (such as political party emblems)