What is Trademark Registration?
Definition and Scope
Trademark registration is the process that provides legal protection for the name, logo, slogan or shape that a business uses to promote its products or services. This registration prevents others from creating confusion by using the same or similar expressions. In business life, the brand becomes the identity of the business and protecting this identity plays a critical role in the survival of the company.
Legal Basis for Trademark Registration
Trademark registration in Turkey is regulated by the Industrial Property Law No. 6769. Under this law, trademark rights are registered and protected by the Turkish Patent and Trademark Office. Unregistered trademarks are protected to a limited extent and may be vulnerable to infringement.
How Does the Trademark Registration Process Work?
Pre-Application Research
Before applying for a trademark, a detailed investigation should be conducted to see if there are any similar or identical trademarks. This step helps to prevent possible rejections.
Application, Review and Publication Stages
- Application: Application is made online to TURKPATENT .
- Formal Review: It is checked whether there are any missing documents.
- Main Review: Brand similarity and distinctiveness are evaluated.
- Publication: The application is published in the Official Trademark Bulletin. Objections may be made for 2 months.
- Registration: If there is no objection, the trademark is registered and a document is issued.
Basic Advantages of Trademark Registration for Businesses
Legal Protection
Trademark registration provides legal protection to a business. If a registered brand is used by someone else without permission, legal action can be taken. This strengthens the rights of the business.
Competitiveness and Market Share
A brand creates a sense of trust and quality in the eyes of the consumer. A registered brand provides differentiation from competitors and increases market share in the long term.
Brand Image and Reliability
Brand registration shows that the company has a professional structure. It increases consumer loyalty, creates investor confidence and increases the preference rate in business partnerships.
Where and How to Register a Trademark in Türkiye?
Turkish Patent and Trademark Office ( TURKPATENT )
Trademark applications are accepted and evaluated only by TURKPATENT in Turkey. Registration procedures are carried out through the official website of this institution.
Online Application Systems
Electronic applications can be made via TURKPATENT 's EPATS system . This system is user-friendly and speeds up the application process.
Risks That May Be Encountered Without Trademark Registration
Trademark Infringement and Legal Penalties
If you do not register your trademark, another company may register the same or similar trademark and block your use. In this case, even using your own trademark may become a legal risk.
Reputation Losses in the Market
Imitation or unauthorized use of an unregistered brand creates a loss of trust in the eyes of the consumer. The brand image is damaged and its competitiveness is reduced.
Term of Trademark Rights and Renewal Process
10 Years Protection
A registered trademark is protected for 10 years from the date of application. At the end of this period, the right does not expire, it just needs to be renewed.
Renewal Conditions and Process
The trademark owner can apply for renewal 6 months before the expiry of the registration. If the renewal is not made, the trademark becomes invalid and can be registered by third parties.
Brand Strategy Development for Companies
Sectoral Differences
Brand perception is formed differently in each sector. In areas such as fashion, technology, and health, the branding process should be shaped according to the dynamics of the sector.
National and International Brand Management
After establishing a strong brand in the country, companies that want to expand abroad can register their brands in other countries within the framework of the Madrid Protocol .
The Relationship Between Trademark Registration and Export and Overseas Growth
Protection under the Madrid Protocol
Thanks to the Madrid Protocol, to which Türkiye is a party, brands can be registered in more than 120 countries with a single application. This system makes it easier for exporting companies to protect their brand rights in foreign markets.
Providing Assurance in International Markets
Brand protection, which is also valid in foreign countries, prevents imitation of the product or service and creates an element of trust for investors and business partners. This increases the global competitiveness of the brand.
The Importance of Trademark Registration for SMEs and Startups
Brand Protection Plan at the Beginning
It is very important for newly established companies or start-ups to register at the very beginning of the branding process. In this way, the business that is still in the growth phase will be able to prevent any loss of rights that may occur in the future.
Gaining Investor Confidence
A registered brand is a sign of reliability for investors. Startups seeking funding or partners present a professional image by protecting their brand rights.
Common Mistakes in Trademark Registration
Applying Without Doing Preliminary Research
Applications made without investigating whether similar trademarks have been previously registered will usually result in rejection. It is necessary to conduct a trademark search before applying.
Incorrect Identification of Trademark Classes
A registered trademark provides protection only in the class or classes applied for. Choosing the wrong class may result in the product or service remaining unprotected in areas other than the product or service.
Securing the Trademark Registration Process with Legal Consultancy
Lawyer Support and Follow-up
The trademark registration process requires technical and legal knowledge. Therefore, getting support from a lawyer who is an expert in trademark and intellectual property ensures that the process runs smoothly.
Objection and Decision Appeal Processes
Stages such as following up on objections to trademark applications, responding appropriately, and taking legal action when necessary should be managed with professional support.
Licensing and Commercial Value of the Registered Trademark
Brand Leasing and Licensing
A registered trademark can be leased to other companies through a license, allowing the business to turn its brand into a revenue-generating asset.
Measuring Brand Value
In developed companies, the brand is one of the most valuable intangible assets. The value of a registered brand is measured according to factors such as awareness, customer loyalty and market position and converted into financial value.
Remedies that can be applied in case of Trademark Violation
Warnings and Notices
When a trademark is violated, a notice is first sent to the other party requesting that they cease the violation. This step is important for pre-suit settlement.
Compensation and Court Proceedings
If the violation continues, the trademark owner may file a lawsuit seeking material and moral compensation. In addition, requests such as stopping the violation and cancellation of registration may also be brought to the agenda.
Frequently Asked Questions
1. Is trademark registration mandatory?
No, but no legal protection is provided without registration. Registration is recommended for commercial security.
2. What can I do if someone else uses my registered trademark?
First, you can send a notice and then file a lawsuit for compensation if necessary.
3. Is trademark registration only valid in Türkiye?
Turkish registration is only valid in Türkiye. For protection abroad, the Madrid Protocol or direct application is required.
4. How long does the trademark registration process take?
It will be completed in approximately 6-8 months. In case of objection, the process may be extended.
5. Is a company name the same as a brand?
No. While the company name is the name registered in the trade registry, the brand is the distinguishing mark of the product or service.
6. How long is the registration certificate valid?
The registration is valid for 10 years and can be renewed indefinitely at 10-year intervals.
Sample Action Plan for Trademark Registration
- Brand name and logo are determined
- Class determination and preliminary research is done
- Online application is sent to TURKPATENT
- If there is a missing document, it will be completed.
- Objection period is expected (2 months)
- Registration certificate is obtained
- Brand usage is tracked and renewal dates are monitored