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TM Registration

TM Registration

Trademark Registration

What is Trademark?

In the Industrial Property Law No. 6769, the words “words, shapes, colors, letters, including person names, provided that the brand ensures that the goods or services of an undertaking are distinguished from the goods or services of other undertakings and that it can be demonstrated in the register in a way that provides a clear and precise understanding of the subject matter of the protection provided to the trademark owner. It can consist of any type of sign, including numbers, sounds, and the form of goods or packaging. ” Trademark; ensures that the goods of the brand owner are separated from the goods of other companies that offer the same service. The face and fingerprint of the goods and services you offer in the market is your brand. Your brand should be remarkable, catchy and impressive. In fact, the most important element here is the logo of your brand. The average consumer usually remembers you with your logo, not with your brand name. For this reason, it is very important to be careful while creating your logo, to be original, memorable and remarkable.

What is Trademark Registration and Why is it Important?

The World Intellectual Property Organization is one of the 17 specialized organizations of the United Nations. WIPO was established in 1967 to "promote the protection of intellectual property rights and creative activity in the world". WIPO, which works internationally to protect and regulate intellectual property rights, also provides financial and scientific support to developing countries in this sense. Through agreements opened to all members of the United Nations, it works to clarify the intellectual property law of nations. Currently, 191 countries are members of WIPO. ÜLKER are from WIPO member since May 12, 1976 in Turkey. WIPO plays an important role in the international registration of your brand

What is WIPO?

The World Intellectual Property Organization is one of the 17 specialized organizations of the United Nations. WIPO was established in 1967 to "promote the protection of intellectual property rights and creative activity in the world". WIPO, which works internationally to protect and regulate intellectual property rights, also provides financial and scientific support to developing countries in this sense. Through agreements opened to all members of the United Nations, it works to clarify the intellectual property law of nations. Currently, 191 countries are members of WIPO. Turkey is WIPO member since May 12, 1976 . WIPO plays an important role in the international registration of your brand.

How to Do TM Application in Turkey?

1) First of all, similarity and class research is carried out to determine whether the trademark is available for registration (what the classes are will be mentioned below).

2) An application is made to the Turkish Patent and Trademark Office for registration. After this application, a researcher is carried out by a trademark specialist working at the institution to determine whether the trademark is suitable for registration in terms of absolute rejection articles of Industrial Property Law article 5.

3) If the trademark specialist decides that there are absolute reasons for rejection, the specialist will refuse your registration , but the way to appeal this decision is open. If he decides that your brand is suitable for registration, your brand will be announced in the trademark bulletin. (Trademark Bulletin published by the Trademark and Patent Agency of Turkey in certain periods.)

4) After this point, the 2-month appeal period begins and there are 2 possibilities.

a) If nobody object to your brand, your brand will be registered.

b) If another company objects to your brand in terms of the reasons for the relative refusal of Art. 6 of the Industrial Property Law, the registration period will be frozen. At this point, you also have time to give opinions to the objection.

5)If your trademark is still not accepted by Turkish Patent in the end of your objection to decision, you can go to Review and Evaluation Board. The decisions made by the Review and Evaluation Board are final. Against these, only the case of invalidity can be filed within the Intellectual Property Court within 5 years.

What are Trademark Classes?-Brand classes determine the area where your brand will operate. These classes were set to a worldwide standard and were called Nice Classes. The first version was created with the 1957 Treaty of Nice.

-From the first broadcast until now, Nice classes have been arranged in accordance with current needs, the last updated regulation came into force on January 1, 2018 as the 11th version.

-There are 45 brand classes in total; the first 35 of these are classes of goods; the rest are service classes.