Symbols and names that distinguish the services or products of an enterprise from the goods and products of other enterprises are called brands. The registration process for those who apply for this symbol is also called Trademark Registration.
Brands can be shapes, logos, numbers, slogans or any kind of name. In order to register a trademark, the name or symbol to be registered must be distinguished from other trademarks and names.
Distinctive words, letters, numbers, drawings, pictures, images, shapes, colors, logos, labels or combinations thereof used to distinguish goods or services may be registered as trademarks. In some countries, advertising slogans are also considered trademarks and can be registered with national trademark offices. A growing number of countries also allow the registration of trademark types such as single colors, three-dimensional marks (shapes of products or packaging), sound marks or scents. However, many countries have imposed restrictions on what can be registered as a trademark, allowing only signs that can be perceived visually or represented graphically.
Trademark Registration is done by official attorneys registered with the Turkish Patent Institute. The registration process is approximately 1 year. However, the trademark application certificate to be obtained during the application may be sufficient for many transactions. For example, in order to obtain a domain name com.tr, a trademark application document (provided that the trademark registration document is also sent later) is sufficient.
The number, symbol or name subject to trademark registration must be carefully checked before the application is made. This is very important to avoid false trademark applications, save time and reduce unnecessary costs.
All institutions, organizations and individuals operating in Turkey can be trademark owners. Trademark applications are filed by our contracted law offices with the documents provided by the applicant and finalized in a short time.
The trademark registration process starts with the identification and inquiry of the trademark that will be subject to registration. Online application is made by providing the necessary documents. The Turkish Patent Institute conducts an examination and declares whether the trademark is registrable or not. It is then announced in the official trademark bulletin, a trademark registration certificate is sent to the applicant and the trademark is protected.
The trademark registration process in general;
- The application is made on your behalf in 1-2 working days.
- Turkish Patent Institute conducts formal examination within 1-2 months
- TPI conducts legal review within 6 months
- Announced in the official trademark bulletin within 3 months
- The next 2 months is the appeal process. If there is no objection, the registration takes place.
- You can call us for the fees.
1. Registration of a Brand Name
By trademarking your company’s name, you need to protect the brand and brand reputation. The trademark registration process in Turkey is now possible and convenient for you to trademark any of the following things or even a combination of the following:
- Letter
- Word
- Number
- Sentence
- Graphic
- Logo
or a combination thereof
2. Trademark Registration
The trademark registry is headquartered in Ankara. When a trademark is registered, it is registered in accordance with certain laws. In this process, the registry checks whether the registration mark meets all the requirements of the law before registering it.
3. Who Can Apply for a Trademark?
The person whose name is mentioned as the applicant in the Trademark Registration form will be declared as the trademark owner after the trademark is successfully registered. Any individual, a company can apply for registration of a particular trademark.
4. How to Register a Trademark
The registration of a trademark is done by the registry of trademarks. When you plan to register a trademark, there are several steps involved.
- Choosing a trademark: Remember to choose a unique and distinctive brand to represent your company. The other important point is to identify which class you belong to. Currently, there are 45 classes of goods and services for which a trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for services. You can find the class list here
- Has it been registered before?Once you have chosen your brand, we conduct a search to check whether the brand you have chosen is similar to an already registered brand. You can also do this yourself by going to the online website of the Controller general patents, designs and trademarks. On the website, you can find the option to conduct a general search. Or we will not only make the call for you, but also help you through the whole process.
- Filling out the trademark registration formWe fill out the necessary forms in the trademark application and send it to the TPI by making the prepayment.
- Trademark registration feesTrademark registration fees vary according to the number of classes. First you have to pay an application fee, a class fee according to the number of classes and then a trademark registration fee for the registration certificate after publication. Since these fees are constantly changing, you can call us for current price information.
5. Online Trademark Registration Procedure
- Step 1: Surf the web for a “weird enough” brand name This is the short and best way for beginners to get a catchy, trendy and interesting brand name. Choosing a quirky and interesting brand name is definitely a smart move because most generic names will already be in someone’s possession. Also, resetting a specific name requires a quick research process to make sure you are not choosing a brand name that is already in use. The best part here is that you can derive some words with a mix of generic words to create a unique brand name for yourself.
- Step 2: Preparing a trademark application You must submit your business firm documents with the application for online trademark registration. Signature certificate, tax certificate and trade registry gazette.
- Step 3: Filling in the trademark registration application The form is filled in online.
- Step 4: Review of the trademark application process Once the application has been submitted, the Registrar will check whether you comply with certain conditions under which your brand name complies with current law. There should also be no conflict or dispute between the marks available or pending for registration.
- Step 5: Publication of your trademark in Turkish Trademark Journals After the examination process, the registrar will publish the name of your trademark. This is certainly the most important part of the trademark registration and there is an opposition process within 3 months (i.e. 90 days) or in some cases 120 days from the date of publication. Your brand name is then registered.
- Step 6: Issuance of the trademark registration certificate The Registrar will accept your trademark application if no objection is filed within the stipulated 90-day period. From the moment you receive your certificate, you can use the registered trademark symbol (®) next to your brand name. So, with this blog post, we think that even beginners can understand everything about creating and registering a brand name.
6. Application status
You will receive an allocation number after receiving confirmation that the application has been submitted. With this allocation number you can check the progress of the application online. This will take time, if there are no problems with the filing, you will know if your application has been approved within 18-24 months. If there is a problem, it may take longer.
7. Registration
Once your trademark is approved, the registry will issue you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of application. After this period, you can renew the brand again. Renewal can be done indefinitely.
8. Benefits of Trademark Registration in Turkey
A trademark is a unique symbol or sign that can be a label or a combination of numbers or colors to identify your products or services.
A trademark allows you and a third party to distinguish your products and services from those of your competitors. However, it is useful to keep in mind that geographical names, common names, common commercial words and common abbreviation cannot be registered as trademarks.
Besides being unique, a Trademark should be easy to use, make your products marketable and create brand awareness for your products. Trademark registration has various advantages and benefits to the owner:
- Legal protection: Upon trademark registration, Trademarks are classified as intellectual property and are therefore protected against infringement. Trademark registration grants an exclusive right to use the trademark in relation to the “Class” of goods or services it represents. In case of unauthorized use of a registered trademark, you can seek redress for infringement in the relevant courts in the country.
- Product differentiation: Trademark registrations are distinct from the goods or services they represent. A trademark will differentiate your product from your competitors’ products. Furthermore, trademark registration will help to distinctly identify your products, as it will apply to all classes of goods or services represented as such. Customers uniquely identify different trademarked products, thus creating a customer base for your product.
- Brand recognition: Customers recognize a product’s performance, quality, features, etc. with the company that produces these products. They identify the product with a logo, which will generally be a registered trademark. Trademark registration facilitates brand recognition for your products and services. It also creates goodwill associated with the brand. In this way, your brand is recognized and, over time, has a market value. Brand awareness retains loyal customers while welcoming new ones.
- Creation of an asset : A trademark registration creates an asset for a business entity. A trademark is considered an intangible asset for accounting and income tax purposes. Trademarks are intellectual property and carry a value associated with the products they represent. Trademarks may be sold, franchised, transferred or otherwise commercially exploited in any other way. You can recognize the value or cost associated with trademarks in the books of accounts and also claim a deduction for depreciation and recognize the income from them.
- Business valuation and goodwill: Registered trademarks and trademarks associated with your products increase your overall business value, reputation and net worth in the industry. Your trademark expresses your quality assurance, the distinctive features of your products and the mission of your organization. Trademarks contribute to the growth of your business. They help retain loyal customers and maintain the goodwill of your business.
- Trademark recognition: A Trademark registered in Turkey is valid for ten years from the date of filing. But the brand can be further renewed. In a situation where you want to use your trademark outside Turkey or expand your business outside Turkey, you need approval or trademark registration in the relevant countries.
- Business expansion: A trademark creates a link between customers and a business’s products. You can build a customer base with efficient or unique products. Your trademark helps you maintain and expand your customer base. Registration of your trademark grants exclusive use for 10 years and protects your commercial revenues. Business organizations can reap the benefits of a customer base by introducing new products and expanding their business.”
You can review the “Becoming a Trademark” guide prepared by TPI here.
How to request a legal entity notification for your trademark?
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