Domestic Trademark Registration Application

BRAND REGISTRATION

A trademark is any sign that serves to distinguish the goods and services of one enterprise from the goods and services of other enterprises.

It is "LIKE A FINGERPRINT", which plays an important role in the commercial life of businesses and reflects the face and identity of companies. It indicates a commercial source to the consumer, sometimes as a quality symbol or promotional tool. More than one information can be given to the consumer with a brand.

Words, letters, numbers, shapes, sounds and colors, including names and surnames, their combinations and even the shape or packaging of the goods can be registered as trademarks.

A registered trademark benefits from protection for 10 years from the date of application, and it is possible to protect it for an unlimited period by renewing it every 10 years.

Brand;

·                    Alienable,

·                    It can be inherited,

·                    The right to use may be subject to licensing,

·                    It can be pledged,

·                    It can be shown as collateral.

RIGHTS PROVIDED BY TRADEMARK REGISTRATION TO THE TRADEMARK OWNER

Trademark protection can mainly be obtained through registration. The rights arising from trademark registration belong exclusively to the trademark owner. Trademark registration allows the owner to use any sign that is identical to the trademark on goods or services that are within the scope of registration, that is identical or similar to the trademark and that covers goods or services that are identical or similar to the goods or services covered by the registered trademark and therefore is registered by the public. The use of any sign that is likely to be confused, including the possibility of being associated with the trademark, regardless of whether it is on the same, similar or different goods or services, is the same or similar to the registered trademark and will gain an unfair advantage from the reputation of the trademark or damage its reputation due to the level of recognition it has reached in Turkey. It gives the right to prevent the use of any sign without a justifiable reason, which may cause harm to the user or its distinctive character.

BASIC REASONS THAT PREVENT TRADEMARK REGISTRATION

An application whose formal review has been completed is subject to ex officio review within the framework of absolute rejection reasons. In case of absolute rejection reasons, the application is rejected for all or part of the goods and services for which registration is requested.

IS TRADEMARK REGISTRATION REQUIRED?

Although registration of trademarks is not mandatory, registration is the most important tool that proves the rights over the trademark and prevents trademark infringement. Since a registered trademark provides broader protection to its owner, trademark registration is highly recommended in all countries where it operates.

TERMINATION OF TRADEMARK RIGHT

Rights arising from registration on a registered trademark;

·         Failure to renew the trademark at the end of the 10-year protection period,

·         The trademark owner's waiver of the trademark right ends in cases where the trademark is invalidated or canceled by the court.

OBLIGATION TO USE THE BRAND

Failure to use the trademark seriously in Turkey within five years from the date of registration without a justified reason or an uninterrupted break in its use for five years is grounds for cancellation. For this reason, trademark applications should be made by specifying only the goods and services that are planned to be produced or presented. Registration of trademarks to cover goods and services that are not intended to be used increases the registration costs and also brings with it the risk of cancellation of the trademark for goods and services that are not used.

VIOLATION OF TRADEMARK RIGHTS

Registration of the trademark does not automatically provide protection to the trademark, it only serves to determine and register the right. Therefore, in case of unfair use of the trademark by others and violation of the trademark right, the trademark owner must prevent the violation of the rights arising from the registered trademark by following such unfair uses and filing a lawsuit in the competent courts. In case of violation of the trademark right, imprisonment between 1 and 4 years, depending on the nature of the crime. and a judicial fine of up to 20,000 days may be imposed.

INVALIDITY OF THE TRADEMARK

If one of the absolute or relative rejection grounds exists, the court may decide to partially or completely invalidate the trademark.

Note:

• Single Class - 1.630 TL Tuition Included
• Two Classes - 3.260 TL Tuition Included
• Three Classes - 5.070 TL Fee Included
• Five Classes - 8.690 TL Tuition Included
• 4.020 TL Including Fee, Regardless of Class