According to the Industrial Property Law No. 6769, Article 4, a trademark can be any type of signs such as words, including person names, shapes, colors, letters, numbers, sounds, or shape of goods or packaging that allow goods or services of an entrepreneurship to be distinguished from the goods or services of others, and in a way that allows the subject of the protection provided to the trademark’s owner to be clearly and precisely understood, provided that it can be demonstrated in the register. In general terms, while the trademark is known as a name or logo, it is actually beyond them. It is a complex and valuable intellectual asset that needs to be protected. A trademark is the past and future of a product. A business through a trademark shall present to its clients all its efforts to compete and reach the desired profit. Therefore, it is necessary to define and establish a brand strategy, to register the trademark and manage the processes after registration properly. Although "branding" and "Trademark Registration" are related to each other in the market, these terms are usually mixed up. Branding in terms of marketing is mostly related to increasing the brand's awareness, reliability or quality, not only advertising and marketing activities, but also increasing the capabilities of product features, sales, R&D, strategy etc. On the other hand, Registration is the provision of a legal shield so that all these processes can be collected around a sign.
Trademark Registration is a formal process for the legal protection of a brand name, sign or distinctive image. Trademark registration process in Turkey must be made to the Turkish Patent and Trademark Office directly or through accredited trademark agents. Trademark registration covers more services than "trademark application". For trademark registration, first of all, it is necessary to choose brands that can be registered and protected, and then to carry out, by professionals, Trademark Application and Registration procedures that will provide the most appropriate protection. Post-application follow-up is as important as the research and analysis done before the application for trademark registration. A response against rejection by the Institute or potential objections made by third parties that may occur require specialized knowledge and experience. Trademark registration is an important step in branding. It constitutes the most important step after strategy and brand positioning. The efforts and activities involved in the process of establishing a new company, introducing a new product, or even the efforts related to branding a trademark which companies have already used for years might all have the risk of "going to waste" if the trademark is not registered correctly. While the risk can be related to the activities before the brand was put on the market, there is also a possibility that a brand that has been used for many years can be lost just because it is not properly registered. Accurate and proper trademark registration starts with running a preliminary research knowing the strategic goals for the products that will be used by the company or the brand and determining the competitor brands or potential risks that may prevent the registration. Then with strict follow-up with the official trademark application, including providing a correct and robust objection and response to possible objections and/or rejection decisions, the process will finally end up with completing the official registration. It is recommended that this process be carried out by professional brand agents in order to ensure that these processes and procedures are done effectively and without any loss of rights. Trademark registration process in Turkey is as follows; Official application, formal examination according to Law No. 6769 According to the law No. 6769, the right of review, acceptance, rejection, partial rejection and objection to these decisions Publish in the official Trademark Bulletin, period of 2 months, if there is any objection then evaluation, acceptance, rejection or partial rejection decisions Registration Markiz Patent provides boutique services for its customers with its knowledge and experience from preliminary research stage to application, registration and post-registration processes.
Registration of a brand as a trademark provides it with legal power and prevents its unauthorized use. Both in Turkey as well as over the world, companies and people are now registering their trademarks without hesitation. This awareness of trademark registration also led to emerging of new “registered” trademarks similar to each other. The emergence of similar trademarks can be either intentionally by the applicant who wants his trademark to look similar to a famous brand, or unknowingly similar to another registered trademark. For whatever reason, to avoid having another similar trademark being registered, either intentionally or not, the owner of a registered trademark should be alerted and trace the other similar trademarks to see if they make an application for registration, and should submit an objection within the legal allowed period. As there are thousands of submitted applications every month , tracking the trademark applications and registrations can be done through following up the official Trademark Bulletin which is published officially by the Turkish Patent and Trademark Office. Trademark tracking is very difficult, time consuming and might lead to errors if it is done manually by eye and without any trademark knowledge (knowledge and experience in Industrial Property Law No. 6769). Markiz Patent monitors its customers' trademarks using computers and under the supervision of knowledgeable and experienced experts. In this way, it prevents official registrations of other trademarks which might be similar to the trademarks of its customers and helps their brands and trademarks to be known solely in the sector.
Protection of industrial property rights can be guaranteed through official registration, and this protection which comes from the official registration is national. This means that a trademark is protected only in the country where it is registered. Companies, and especially exporting firms, which want to protect their trademarks internationally outside Turkey, should register their trademarks abroad as well. Under normal conditions, as a traditional method, international trademark registration should be done through submitting official application in the countries where the brand is used either through production or sales or other lease types such as licensing and franchising. Trademark registration abroad can be done either in the form of what is conventionally known as “national trademark application”, or regionally such as “EU Trademark”, or as “international trademark application” through conventions or agreements like “Madrid Protocol” which Turkey is part of. Which method should be used for Trademark Registration Abroad? Application to International Trademark Registration according to Madrid Protocol: This method is the most used method. More than a hundred countries are members to the Madrid Protocol. The company seeking trademark protection abroad should first define in which countries the trademark must be protected. If the countries to get covered are members of the Madrid Protocol, they are directly identified and an official trademark application is made. However, according to the Madrid Protocol, in order to be eligible to apply for international trademark registration, the trademark must have been officially registered locally. Application for Regional Trademark Registration: In the European Union or some African countries, it is possible to get regional brand and trademark protection. Especially for companies exporting to Europe, European Union Trademark (CTM) allows brand and trademark protection in all over European Union countries with a single application. A disadvantage of this trademark registration type is that if the application is rejected in any EU country because the trademark was previously registered for another company, then the whole registration will be rejected in all over the European Union. Application for National Trademark Registration: This type of application is valid for countries that are not members of the Madrid Protocol or are not part of a regional trademark or brand protection agreement. Usually exporters in Turkey prefer this type of national trademark registration in some Arabic countries, Middle East countries or South American countries. Beside its knowledge and experience in international trademark registration particularly, Markiz Patent has a wide business network in international trademark registration. According to the International Paris Convention regarding industrial property rights, in international trademark registration, there is an obligation to work with the brand agent of the related country. Therefore, the applicants for trademark registration may have to work with agents they do not know in a country they do not know, which is a great risk. Markiz Patent knows its overseas representatives for many years and has a trust relationship on behalf of its customers. On the other hand, in accordance with the principle of “transparency”, it manages all the expenditures made on behalf of its customers abroad and presents them clearly to its customers.
Trade in the world is getting faster and more common day by day. As the sales of a brand increase, it is likely that similar brands will emerge. The only way to protect the brand from getting imitated is trademark registration. Firms also register their trademarks domestically and abroad in order to prevent the imitation of their brands both inside and outside the country. Despite this, it is still possible to derive similar brands and even similar registered trademarks. To avoid this, trademark tracking services are provided all over the world, especially to prevent imitations of trademark registered abroad. In addition to trademark registration services all over the world, Markiz Patent provides trademark tracking service all over the world. With this service, especially exporter companies can get news about registrations of trademarks similar to their own trademarks and postpone these registrations in the countries where they have registered a trademark abroad. Markiz Patent collaborates with overseas partners to perform this service at the most affordable prices and in the fastest way.