WHAT IS THE BRAND?
The definition of the trademark is made in the Industrial Property Law No. 6769 as follows: “The trademark, on the condition that it distinguishes the goods and / or services of an enterprise from the goods and / or services of another enterprise, including personal names, in particular words, shapes, letters, numbers, form of goods or Any sign that can be displayed by drawing or similarly expressed, published by printing and reproduced, such as on packaging.” In other words, a brand is an identity that represents the business or product or service. It is a tool that promotes goods or services. The brand is the fingerprint of the business.Brand owner is the real or legal person who owns the brand that he/she creates, uses, promotes or takes over. According to the Industrial Property Law No. 6769, in order to benefit from trademark protection, the trademark must be registered with the Turkish Patent and Trademark Office. Trademark protection is obtained through registration. Therefore, according to this law, trademark owners are real or legal persons who have registered their trademarks. Pursuant to Article 3 of the aforementioned law, a limited number of persons will benefit from the protection provided by SMK regarding trademarks. These are:
- Citizens of the Republic of Turkey,
- Real or legal persons residing within the borders of the Republic of Turkey or engaged in industrial or commercial activities,
- Persons who have the right to apply under the provisions of the Paris Convention or the Agreement Establishing the World Trade Organization dated 15/4/1994,
- In accordance with the principle of reciprocity, they are the nationals of the states that provide industrial property right protection to the citizens of the Republic of Turkey.
To answer one of the most frequently asked questions, you can make your trademark application either on your own behalf or on behalf of your company. From the point of view of the Turkish Patent and Trademark Office, there is no difference whether the applicant is a real person or a legal person at the point of whether the trademark will be registered or not. There is no obligation to make a trademark application on behalf of a single person. That is, more than one natural person and / or legal person of the same brand can own a brand.
WHAT IS THE IMPORTANCE OF TRADEMARK REGISTRATION?
Trademark is the most important tool for promoting your business and business products. Trademark aims not only to be a promotional tool, but also to prevent third parties from making unfair profits from the trademark you created. A registered trademark authorizes its owner to prevent third parties from using the trademark without permission and gaining unfair advantage. The purpose of trademark registration is not only to prevent others from gaining unfair advantage, but also to prevent the application of sanctions with the claim that it provides unfair gains against you. In this situation, which we encounter very often in practice, the same or indistinguishably similar trademarks of those who do not register their trademarks are registered by the third party earlier, and legal and / or criminal sanctions are applied. In this case, the person who does not register his trademark has to change his trademark, his investments in the trademark are wasted, that is, the material and moral losses he experiences are great. In order not to encounter such an unpleasant situation, it is necessary to pay attention to trademark registration. We recommend that you apply for a trademark as soon as you find your trademark. We underline that the applicant has the right to priority the day before or even an hour before the trademark application, therefore it is necessary to act quickly for the trademark application.
WHAT IS THE BRAND PROTECTION PERIOD?
Trademarks are protected for 10 years from the date of application. If you are going to continue to use your trademark, it is necessary to apply to the Turkish Patent Office 6 months before the expiry of the 10 years, and to renew the trademark by paying the trademark renewal fee. The renewal process can be made up to 6 months after the lapse of 10 years at the latest. E.g; Let the application date of your trademark be 01.01.2022. The protection period of your trademark will expire on 01.01.2032. You can renew the brand 6 months before this date, that is, from 01.07.2031 until 01.01.2032. If you missed this date, you can renew the trademak by paying a penalty fee for 6 more months from the end of the brand protection, that is, until 01.07.2032. If this period is missed, the brand renewal process will not be possible and your brand will be cancelled. As OLGUN PATENT, we provide service in the trademark renewal process.
WHAT ARE BRAND CLASSES? IN WHICH CLASSES SHOULD I REGISTER MY BRAND?
Class selection is very important when applying for a trademark. Because, as a rule, trademark protection is only valid for the class in which it is registered. Although there are exceptions (for example, well-known trademarks), a claim can be made only in that class in which class the trademark is registered. One of the most common grievances we encounter in practice is that the trademark is registered in the wrong or incomplete class, and if the trademark is in the class to be registered, the third person makes an application and registers the trademark in his own name. In order to prevent such grievances, we recommend getting help from an expert before making a trademark application, and choosing the trademark classes to be applied by carefully considering them.
There are 45 classes of goods/services in total. The first 34 of these are goods and the others are services. It is necessary to determine the brand classes in accordance with the Nice Classification, which is regulated according to the provisions of the Nice Agreement on the Classification of Brands. In which class you will use your trademark on the goods / services, you must apply for a trademark in that class. Otherwise, you may not be able to protect your trademark in the class you want to protect, and you may face legal and/or criminal sanctions against you by third parties.
HOW IS THE TRADEMARK APPLICATION FEE CALCULATED? WHAT ARE THE FEES TO PAY FOR TRADEMARK REGISTRATION?
The trademark application fee is calculated according to the fees included in the fee schedule of the Turkish Patent and Trademark Office, which changes every year and the number of trademark classes. Please contact us for detailed information about our consultancy fee and trademark application fee.
After the trademark registration decision is made by the Turkish Patent and Trademark Office, the trademark registration fee has to be paid within 2 months from the notification of the decision. This fee should be paid according to the Turkish Patent and Trademark Office fee schedule, which changes every year.
In practice, trademark owners are misled by trademark attorneys and are told that they will not pay any fees other than the trademark application fee. However, while making a trademark application, it should be mentioned that the trademark registration fee should be paid at the next stage, and we attach importance to transparency in this regard.
It should also be noted that, in case of objections to the trademark publication after the trademark application, counter-opinions and objections to the institution's decisions are charged separately.
CAN I REGISTER MY TRADEMARK IN OTHER COUNTRIES?
Trademarks registered in Turkey are only protected in Turkey. Trademark registration is territorial. Trademark owners are required to register their trademarks in the relevant countries and countries in order to protect the brands they have taken abroad for reasons such as giving franchises, exporting, participating in fairs. International trademark registration can be done either by applying to the offices of the country where protection is requested, or by using the Madrid system, trademark protection can be obtained in more than one country with a single application. If you prefer to make individual applications in countries where protection is requested, we ensure that you register your trademark in those countries, thanks to our cooperation with our colleagues who are trademark patent attorneys in those countries.
However, if you have a trademark registered or applied for in the Turkish Patent and Trademark Office and you request trademark protection in more than one country that is a member of the Madrid System, the cost is lower, a single application is made, therefore it is faster and more effective. It would be more convenient for you to apply through the Madrid System because of the advantages such as being controlled from a system, being made in a single language, and making changes and renewals with a single application.
Another option is the Community Trademark Registration (CTM), which came into force in 1996 and is valid for all European Union countries. In accordance with the Paris Convention, you can apply for a Community Trademark and protect your brand in all European Union countries with a single application. In the OAPI (African Intellectual Property Organization) system, with a single application, trademark registration is provided in 16 African countries that are members of OAPI UNION. We are working to provide you with the best service in international trademark registration with our expert staff who have a good command of the legislation and foreign languages, and with the cooperation of our colleagues who are trademark patent attorneys abroad.
WHAT ARE OUR SERVICES?
1. Conducting a general research on the similarity of the trademark registrations to be applied is an important step for the smooth progress of the application. The fact that the trademark has already been purchased during the applications may cause partial or complete rejection of the application, resulting in loss of time and cost. It is possible to prevent this situation to a large extent with the preliminary research and comprehensive study carried out by OLGUN PATENT.
2. It is important to carefully follow the processes after the trademark application. In fact, according to Industrial Property Law No. 6769 and the Regulation on the Implementation of the Industrial Property Law, every transaction after the trademark application must be done within a certain period of time. If the deadlines are missed, results up to the cancellation of the trademark application may be encountered. OLGUN PATENT team carefully follows the trademark application process from the trademark application to the registration stage, as well as the stages such as transfer, license, renewal, objection to the publication of similar trademark applications made by third parties.
3. In order to protect the trademark within the scope of Industrial Property Law No. 6769 and the Regulation the trademark must be registered. After the trademark registration, it is important to take action as soon as possible in case of infringement or infringement of the trademark right by third parties. In this process, it is important to get support from lawyers who are experts in the field of trademark law, in order to prevent such infringement and violations in the most accurate and shortest way.
4. Trademark protection is territorial. If you want to protect your brand in other countries outside the borders of Turkey, we will carry out the international trademark registration process for you in the least costly and most effective way.