TRADEMARK REGISTRATION
A trademark is any sign that distinguishes the goods and services of a business from those of other businesses.
It plays an important role in the commercial life of businesses and reflects the face and identity of companies, “LIKE A FINGERPRINT”. It shows the commercial source to the consumer, and is sometimes a quality symbol or promotional tool. Multiple information can be provided to the consumer with a trademark.
Words, letters, numbers, shapes, sounds and colors, including names and surnames, their combinations and even the shape or packaging of goods can be registered as trademarks.
A registered trademark benefits from protection for 10 years from the date of application and can be protected for an unlimited period by being renewed in 10-year periods.
A trademark;
Can be transferred to someone else,
Can be inherited,
The right of use can be subject to a license,
Can be mortgaged,
Can be shown as collateral.
RIGHTS PROVIDED TO THE TRADEMARK OWNER BY TRADEMARK REGISTRATION
Trademark protection can be obtained primarily through registration. The rights arising from trademark registration belong exclusively to the trademark owner. Trademark registration grants the owner the right to prevent the use of any sign that is identical to the trademark on goods or services covered by the registration, any sign that is identical or similar to the trademark and covers goods or services that are identical or similar to the goods or services covered by the registered trademark and therefore likely to be confused with the registered trademark, including the possibility of association with it by the public, without a justified reason, any sign that is identical or similar to the registered trademark and that would derive an unfair advantage from the reputation of the trademark or harm its reputation or damage its distinctive character due to the level of recognition it has reached in Turkey, regardless of whether it is on the same, similar or different goods or services.
FUNDAMENTAL REASONS THAT PREVENT TRADEMARK REGISTRATION
An application whose formal examination has been completed is subject to ex officio examination within the framework of absolute grounds for rejection. In the presence of absolute grounds for rejection, the application is rejected for all or part of the goods and services requested to be registered
IS TRADEMARK REGISTRATION MANDATORY?
Although registration of trademarks is not mandatory, registration is the most important tool that proves the rights on 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 RIGHTS
Rights arising from registration on a registered trademark;
The trademark is not renewed at the end of the 10-year protection period,
The trademark owner waives the trademark right, the trademark is declared invalid or canceled by the court.
OBLIGATION TO USE THE TRADEMARK
The failure to use the trademark seriously in Turkey within five years from the date of registration without a justified reason or the interruption of its use for five years without interruption is grounds for cancellation. Therefore, trademark applications should be made by specifying only the goods and services planned to be produced or offered. Registration of trademarks to cover goods and services not planned to be used increases registration costs and also brings with it the risk of cancellation of the trademark for goods and services not used.
VIOLATION OF TRADEMARK RIGHT
Registration of the trademark does not automatically provide protection to the trademark, but only serves to determine and register the right. Therefore, in case of unjust use of the trademark by others and violation of trademark right, the trademark owner must follow up on such unjust uses and file a lawsuit with the competent courts to prevent the violation of his rights arising from the registered trademark. In case of violation of trademark right, imprisonment between 1 and 4 years and a judicial fine of up to 20,000 days may be imposed depending on the nature of the crime.
INVALIDITY OF THE TRADEMARK
In case of the existence of one of the absolute and relative grounds for rejection, the court may decide that the trademark is partially or completely invalid.
Single Class - 1,630 TL Fee Included
Two Class - 3,260 TL Fee Included
Three Class - 5,070 TL Fee Included
Five Class - 8,690 TL Fee Included
Regardless of Class, 4,020 TL Fee Included
Sınıf Sayısı |
Tek Sınıflı, İki Sınıflı, Üç Sınıflı, Dört Sınıflı, Beş Sınıflı, Sınıf Farketmeksizin |
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