According to the Article 4 of the Industrial Property Law No 6769, Trademark may consist of any kind of indication such as words including person names, shapes, colors, letters, numbers, voices, and forms of the goods or packages on the condition that it enables distinguishing the goods and services of an enterprise from the goods and services of the other enterprises and it can be represented in the registry as providing a clear and accurate understanding the subject of the protection provided to the trademark owner. While it is generally known as a name or a logo, a trademark is a complex and precious intellectual capital to be protected beyond a name and logo. Trademark is the past and future of a product. An enterprise presents all its efforts for competition to the customers by means of the trademark and obtains the desired profit. Thus, trademark strategy should be determined and created and the processes after the registration should be managed well. “Branding” and “Trademark Registration” terms are confused with each other, though they are related to each other in the market. Branding relates to increasing the recognition, credibility and quality of the trademark in terms of marketing, also enhancing product properties, sales, R&D, strategy abilities along with the advertising and marketing activities. Registration is providing a legal protection in order to gather all these transactions under one indication.
Trademark Registration is an official transaction performed for legally protecting a name, indication or a distinctive image having a trademark property. Trademark registration transactions are carried out to Turkish Patent and Trademark Office directly or by trademark attorneys officially authorized for this field. Trademark registration does not only mean “trademark application”. For trademark registration, firstly registerable and protectable trademarks should be selected and then Trademark Application and Registration transactions are carried out by the professionals. Trademark monitoring is also important after the application as well as research and analysis processes which are performed the application for trademark registration. Responses to the Institution’s possible rejection or objections by the third parties require knowledge and expertise. Trademark registration is the most important step of the branding and generally the most important step after strategy and brand positioning. There is a risk of all the activities including the ones for the newly-established company, new product, and trademarks already used by the company for years to be wasted, if a proper trademark registration is not performed. It is possible to lose an already used trademark for years because a proper registration is not performed, though there may be a chance for this wasting to be only about the activities before the trademark is introduced into the market. A proper trademark registration starts with a pre-research performed by being aware of the strategic missions and determination of the possible risks and competitor brands to object to the registration. A through monitoring by official trademark application is concluded with an accurate and proper objection to the possible objections and rejections and finally with the registration. These transactions are recommended to be performed by the professional trademark attorneys in order to conduct them effectively and so as to prevent forfeitures. Trademark registration process in Turkey proceeds as follows: Official Application, Formal investigation according to the law no. 6769, In liminary investigation according to the law no. 6769, acceptance, rejection, partial rejection, and objection right to these judgments, Publishing in the trademark bulletin, 2 months, evaluation in the presence of objection, acceptance, rejection, and partial rejection judgments, and Registration. Markiz Patent provides a boutique service on trademark registration for its customers in the pre-research process of the trademark and processes of conducting application, registration and post-registration process by means of its knowledge and experiences.
Trademark registration provides a legal power for preventing it from unauthorized usages. Many people register their trademarks without hesitation both in Turkey and around the world. This awareness about the trademark registration also arises for the similar “registered” trademarks. These emergences of similar trademarks may result from the desire of the applicants to make their trademarks similar to a well-known trademark on purpose, and also from the unintentional similarities. No matter what the reason is, a registered trademark holder should determine the intentional and unintentional registration of a similar trademark and object to the application during the process as a legal right in order to prevent this registration. Determination of a registered trademark application and registration efforts are conducted by monitoring the official trademark bulletin published by Turkish Patent and Trademark Office officially. Trademark monitoring visually and without any knowledge on trademark (knowledge and experience on the industrial property law no.6769) is very difficult and also it can take a long time and cause mistakes. Markiz Patent monitors the trademarks of the customers in electronic environment and under the supervision of skilled, experienced and professional personnel. In this way, it prevents the trademark registrations similar to the trademarks of its customers and helps their trademarks to be known in the sector.
Protection of the industrial property rights is only possible by way of registration and this registration protection is territorial, which means that a trademark can only be protected in the country where it is registered. What the companies demanding protection for their trademarks internationally, especially exporter companies should do is trademark registration abroad. Trademark registration abroad generally requires registration by official application in the countries trademark is used abroad by means of production or selling, or by rental means such as license. Trademark registration abroad may be performed by means of conventionally known “territorial trademark application”, also regional applications such as “European Union Trademark” and “international trademark application” via the agreements such as “Madrid System” including Turkey. Methods to be used for Trademark Registration Abroad: International Trademark Application according to Madrid System: This is the most commonly used method. There are more than a hundred countries being members of Madrid System. The company seeking for trademark protection abroad should firstly search for the countries for trademark protection. If these countries are members of Madrid System, the countries should be determined and official trademark application should be carried out. However, according to Madrid System, This trademark should be registered in Turkey in order to apply internationally. Regional Trademark Application: Regional trademark protection is possible in the countries comprising European Union and some African countries. European Union Trademark (CTM) provides protection via a single application in the European Union especially for the companies exporting to the Europe. The disadvantage of this trademark registration is that a registered trademark having a reason for rejection in any European Union Country may cause the rejection of the whole trademark. Territorial Trademark Application: This application is valid for the countries which are not included in the trademark protection and not members of Madrid System. In general, exporters in Turkey prefer these types of territorial trademark applications for some Arabic countries, Middle Eastern countries or South American countries. Markiz Patent has a wide business network in trademark registrations abroad along with the knowledge and experiences on the international trademark registration. In trademark registrations abroad, there is an obligation to work with the attorney of the related country according to Paris Convention on the industrial property rights. Thus, trademark applicants can be obliged to work with unfamiliar attorneys in a foreign country, which is a significant risk. Markiz Patent knows the attorneys abroad cooperating with them for a long time and establishes a trust relationship on behalf of the customer. On the other hand, it manages all the expenses abroad on behalf of the customers and informs them transparently in compliance with its “transparency” principle.