While in the classical sense, the product is defined as an object that provides functional benefit; Brand, designation, or sign that represents the value of a particular product or service. In fact, a complex, valuable and abstract business value that must be managed and protected beyond brand, logo or name.
A brand is the product's past and future.
A trademark in any business that can be published and reproduced in print, such as words, figures, letters, numbers, format or packages of goods, including names, provided that it can distinguish an entity's goods and services from goods or services of another entity, .
BRAND REGISTRATION
If a company's Commercial Title is registered in the Trade Register, it does not prevent the name and logo of that company from being imitated. Regardless of which sector your business area is located, it is necessary to have a trademark registration in the Turkish Patent Institute in order to increase your commercial reputation and to protect your company name, trademark or logon in competitive environment.
Brand laws protect your registered trademark. It punishes those who use the same or similar of your mark with prison and fines. If you do, the court will cease manufacturing the company that uses the same brand. Seize the goods in the warehouse, in the store, in the shops and in the places where they are found. You may decide to pay you for possible damages due to the rape on your mark, or the possible money you earn if you give the license to use your own money or your own brand.
Trademarks are protected according to the provisions of Decree Law 556 on Protection of Markets. You only need to fill out the contact form to have your trademark registered.
Types of marks
The types of marks in Turkey are as follows:
Trademarks
A trade mark is a sign distinguishing the goods produced or traded by an undertaking from the goods of other undertakings. Marks placed on the goods or on their packages are trademarks.
Service Marks
Service marks are the signs for distinguishing services of one undertaking from the services of other undertakings. Marks of insurance companies, hospitals, banks or patent firms fall in the service mark category.
Guarantee Marks
A guarantee mark, under the control of the proprietor of the mark, serves the purpose of the guaranteeing the common characteristics of the undertakings, production methods, geographical sign and quality of those undertakings. The use of the guarantee mark by the proprietor of the mark or on the goods or services of an establishment economically connected to the proprietor of the mark is forbidden. ISO, TUV and CE marks are exam
Collective Marks
Collective mark serves the purpose of distinguishing the goods and services of the undertakings belonging to a group from the goods and services of the other undertakings
Well Known Marks
Well known marks are the signs whose well-knowness by the public has been legally approved by the Turkish Patent Institute or by courts. Scope of protection of well known marks are so wide that a sign similar to a well known mark cannot be registered even though it is not in the good and service categories of the well known mark. List of well known marks are published in the special official bulletin of TPI and the list are updated when necessary.
Filing requirements
1. Name and address of the applicant;
2. Sample of the mark (Max size is 8 x 8 cm);
3. List of goods and services according to Nice Agreement;
4. Power of Attorney*, simply signed by the applicant, legalization is not required;
5. If it is a collective mark, Collective Mark Agreement
Power of Attorney is not required for filing but will be needed in case of a recordal of assignment, cancellation, withdrawal or deletion of goods.
STAGES
Application&Formal examination
Subsequent to application, TPI officials formally examine the application and within a month, a Turkish trademark application number is assigned to the application.
Detailed examination
In a period of 3-4 months after filing, detailed examination begins. During the period, TPI primarily evaluates the application in view of the absolute grounds for rejection and then conduct a similarity search. In case of a grant or partial grant, TPI decides to publish the application. In case of a refusal, the application is not published and TPI grants the applicant a two months objection period for defending himself against the refusal decision.
Publication
Within a month after the detailed examination, trade mark applications, not refused during the examination, are published in TPI’s Trade Mark Bulletin for 3 months. During the publication period, third parties can file their oppositions, to be evaluated by TPI, against the applications. Oppositions having valid grounds for total or partial refusal are accepted by TPI and processed accordingly.
Registration
In a month following the end of the publication term, TPI send its decision for registration and requests the applicant for the completion of missing documents, if any, and the payment of the registration fee within 2 months. The Trademark Registration Certificate can be received within 1-2 months upon the completion of above mentioned requirements.
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