Date:Mayıs 22, 2013

Trademark

Trademark is the signs providing the ability to distinguish from other undertakings of the goods or services provided by an undertaking. The distinctive words, letters, numbers, drawings, pictures, shapes, colors, logos, labels used to distinguish goods and services or their combinations may be registered as a trademark.

Trademark registration gives the owner the right to use the trademark by itself and the authority to prevent unauthorized use. gives you the right to prevent unauthorized use any sign in the nature having likelihood of confusion in respect of the same or similar goods or services covered by the registration of trademark and which will obtain an unfair advantage because of the reputation of the registered trademark or will harm to the distinctive character of the registered trademark.

A registered trademark may be transferred to another person, can be transferred by inheritance, the right to use may be subject to license, be pledged and be supplied as a collateral.

Unregistered trademarks can not benefit from the rights and protection delivered by law about the registration and protection of trademarks.

The use of ®, ™, SM, or similar symbols next to a brand is not a necessity and does not provide an additional legal protection. In addition such uses may be an appropriate way for providing information to others about that this sign is a trademark, therefore for warning infringers and imitators. While ™ symbol indicates that a sign is a trademark, ® symbol is used when the trademark has been registered. SM symbol is used for service trademarks.

– Characteristics that do not have a distinctive characteristic signs,

– The same or the similar signs with the trademark which have been registered in respect of the same or the same kind of goods or services, or have been previously made an application for registration,

– The signs indicating species, variety, qualification, quality, quantity, purpose, value, geographical origin for goods or services requested to be registered.

– The trademarks containing exclusively and as base element the signs and the names which helps to distinguish those belonging to a specific profession, art or trade group or used by everyone in the field of trade,

–  The signs giving the shape arising from the natural structure of the product requested the registration or the shape of the goods which is necessary to obtain a technical result or the fundamental value of the goods,

– The signs with the qualification misleading the people on issues such as the nature, quality or production location, the geographical source of goods and or services,

– The country flags, the army or heraldry transmitted for the protection to WIPO International Bureau, the stamps and emblems of the countries and international organizations,

– The signs and designations including religious values and symbols,

– The signs and designations contrary to public order and public morality

can not be registered as a trademark.

Despite not being compulsory registration of marks, the registration is the most important means proving the rights on the trademark and preventing the violation of the trademark. Therefore, the trademark registration is highly recommended in all the countries.

The sole authorized organization providing trademark registration in Turkey is Turkish Patent Institute. A registered trademark benefits from the protection for a period of 10 years from the date of application. A registered trademark can be protected with an indefinite period by renovating in a period of ten years.

The request for renewal can be made within a period of six months after the end of a 10-year period providing to pay additional fees for the trademarks which not demand within 6 months before the end of the term of protection.

The registration of the mark will not provide protection itself to the trademark, it functions only as the identification and registration of a right. Therefore, in case of the use of the brand unfairly by others and violation of trademark rights, the trademark owner should prevent the violations on the basis of the rights arising from the registered trademark with the cases which will present in the competent court by following such unfair uses.