One of the most important assets of a startup is its brand. In addition to the community they create, the quality expectation provided by their products, and the creative reflection of the idea of the startup, at the same time, the brands of the businesses are protected under Intellectual Property Law.
Definition of Trademark
The trademark is defined in Article 4 of the Industrial Property Code No. 6769 ("IPC").
The trademark is defined as described in the article below.
Article 4: Words including personal names, shapes, colors, letters, numbers, sounds and goods or the form of their packaging, provided that the goods or services of an undertaking are distinguishable from those of other undertakings and can be shown in the registry in such a way that the subject of the protection afforded to the trademark owner is clearly and unequivocally understood.
The first part of the definition of the trademark states that the mark that will form the trademark must be distinctive. The distinctiveness of the trademark is essential, this condition arises both from the definition and from the reasons for absolute grounds for refusal in Article 5. Absolute grounds for refusal in the IPC are the reasons that result in the non-registration of the trademark.
On the other hand, in the second part of the definition, it is stated that the trademark must be able to be shown in the registry. This section, it is aimed to ensure that the newly emerged trademarks can be shown in the registry, in contrast to the regulation called "MarKHK" No. 556 (Decree on the Protection of Trademarks). For example, a trademarked act can be registered as a trademark if the conditions are met. Beyond that, the requirement in IPC has been introduced instead of the requirement that the sound brand to be registered as a trademark should be displayed solely with a drawing as it is in the MarKHK.
Finally, the following marks may be trademarks:
Words including personal names
shapes
Colors
Letters
numbers
Sounds
The form of the goods or their packaging
As can be seen, besides words and shapes, non-traditional trademarks such as colors and sounds can also be registered. A limited number is not specified in the article, that is, a movement mark may also be in question.
The Rights Acquired Through Registration of the Trademark
Rights provided by trademark registration are specified in IPC Art. 7. Trademark protection is obtained with the registration of the trademark owner.
In the second paragraph of the aforementioned article, it is stated that "the rights arising from the trademark registration belong exclusively to the trademark owner".
In the continuation of the second paragraph, the trademark owner has the right to demand the prevention of the actions if the following actions are taken:
Use of the trademark on goods or services within the scope of registration
The use of any sign covering the same or similar goods or services as the goods or services covered by the trademark and therefore likely to be confused by the public, including the possibility of association with the registered trademark.
Due to the level of recognition, it has reached in Turkey, the use of any sign that will gain an unfair advantage from the reputation of the brand or that will damage its reputation or damage its distinctive character, without a justified reason
On the other hand, it is stated that the situations specified in the 3rd paragraph of the same article may be prohibited with reference to the 2nd paragraph if the sign is used in the field of commerce. For example, if the mark is placed on the goods and packaging without permission, a request can be made to prevent trademark infringement.
The rights granted to the trademark owner will be valid against third parties as of the publication date of the trademark registration.
The protection period of the trademark with the first registration is 10 years. This period can be renewed by applying again.
Trademark Registration
The trademark application is made to the Turkish Patent and Trademark Office. After the preliminary research of the trademark, an online application can be made through EPATS.
After the trademark application is made, the registration process begins. First of all, there is the stage of formal examination before the Institution. In case of any deficiency in form, chance to remedy this deficiency is given to correct this deficiency within 2 months. If the deficiency is corrected, the application will be examined in terms of absolute grounds for refusal. In the event that any of the absolute grounds for refusal within the scope of IPC Art. 5 do not occur, it is published in the Bulletin. For example, if an objection is made on the grounds that the trademark in question is registered in bad faith, this objection will be examined and decided by the objection unit at the TurkPatent. However, if no objection is made and it is determined that there is no deficiency regarding the registration, a "Trademark Registration Certificate" will be given to the applicant.
Trademark Statistics
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