Today, brands are a structure that companies and other production companies show to the whole world that they exist in the system. Trademark registration ensures that this structure is protected and cannot be used by others. Almost all of the businesses operating in Turkey have brands that enable them to be recognized by customers. If your trademark is not registered, it does not belong to you. A registered trademark is protected for 10 years. During this period, from people who do any work or imitation that will harm your brand; rights such as the right to compensation, the prevention and elimination of damage, and the initiation of a criminal investigation.
The protection of trademarks in Turkey started in 1995. In 1995, the Decree on the Protection of Trademarks entered into force. Trademarks not registered by the Turkish Patent and Trademark Office are deemed invalid. During the promotion process without registering your trademark, others may own your trademark and register it before you do. In such a case, the trademark owner has to prove his right by filing a lawsuit and a tiring process begins. As a result of this process, while you can get your brand rights with material and moral wear, many people give up their brand. It is important that you register a trademark right after you decide on your brand and your work, so that you can have all the rights of your trademark without encountering such bad situations.
What are the Stages of Trademark Registration?
In order to register your trademarks, you can start with the physical and online applications. There is no requirement to be a merchant or a commercial business owner when making an application. For each trademark you wish to register, you must also register. More than one registration process cannot occur in a single transaction.
Trademark registration process; It starts with the submission of documents such as the identity information of the person making the application, the application fee paid document, the priority right request paid document if there is a request for priority right, and the Latin alphabet equivalent if a non-Latin alphabet is used in the trademark while making a trademark claim. The operation of the process is as follows;
1-) Trademark Registration Application
2-) Classification and examination of the application by the Turkish Patent and Trademark Office
3-) Publication of the Trademark Registration Application
4-) Making and examining the objections, if any, to the application
5-) It results in the approval and issuance of the registration documents / rejection of the registration. This process takes approximately 7 to 9 months.
If there is no objection about the application and the application is made completely, it is registered and registered in the registry. The applicant in the trademark registration obtains the "Trademark Registration Certificate".
The rights entitled in the registration process cover 10 years from the registration application date. This right can be extended indefinitely, again for 10 years at the end of every 10 years. The expiry date, up to 6 months later, remains valid and loses its validity if no extension is requested. It would be more correct to make the renewal process 6 months before the end of the registration period and pay the fees.
In order to register your trademark, it does not need to be already in use. However, if there is no action regarding your brand within 5 years after the registration process, your trademark registration can be cancelled.
Apart from the application conditions during the trademark registration process, the following conditions are sought for the trademarks for the registration of the trademarks;
Provided that it is clear and distinctive, they can have all kinds of distinctive features, such as groups of words, shapes, numbers, shape and difference in packaging / form and colors, together with personal names. (According to the law published on 10/01/2017, sounds have also been opened for trademark registration. In addition, the registration of colors and combinations, goods and packaging and slogans intertwined with the brand can be provided.) can be realized by providing factors such as advertising, promotion, awareness.
Trademark Registration and Benefits
1-) The full right of use and protection for your brand; litigation, copyright
2-) The right to have a domain with the extension ".tr" for the use of the brand on the Internet
- In order to have a ” .com.tr ” domain;
a) Commercial activity certificate
b) Commercial registry document
c) Chamber registration certificate
d) Trade name published in the Turkish Trade Registry Gazette
e) Trademark application document
f) Trademark registration certificate
The company from which you purchased the domain service may request documents such as:
3-) Prestige and recognition for your company
The protection of the trademark is valid for the country applied for. If an international protection is requested, it is necessary to apply separately to the requested countries. Registration and protection can be provided in more than one country by providing the Madrid System, as well as applying to the countries to be requested one by one.