Trademarks Trademarks is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The said marks may be 2 or 3 dimensions, and may comprise of letters, numbers, drawings, logos, pictures or even sounds. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity.
The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the “intent-to-use” principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include the barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere.
In Turkey the law no. 6769 in force since 10 January 2017.
In the creation of a new brand, a robust clearance process is critical to ensure that your use of the brand will not be expensively challenged, whether you intend to register a trademark for that particular brand or not. However, clearance is not a one-stop-shop. There are several steps, elements and processes to consider depending on your business needs, goals and strategy.
Procedure in Turkey
Trademark applications in Turkey is governed by the Turkish Patent Institute.
The prosecution of a trademark application is tracked until the registration, and our clients are informed at each stage.
Trademark applications which are published in the official trademark bulletin of the Turkish Patent Institute are watched each month and the determined identical or similar trademarks are reported to our clients.
According to the instructions of our clients, an objections can be prepared and filed to the Turkish Patent Institute upon a defined conflict of rights. An opposition shall be filed within the time limits and together with the reasons of the conflict. Therefore it is possible to demand the rejection of the identical or a similar trademark by means of these objections. We serve consultancy services for the opposition procedures of trademarks.
Contracts and Recordals
Right of use of a trademark may be granted to the persons and/or firms by means of the license or assignment. These procedures may be carried out for all of the classes of the trademark or may be carried out in part. Our firm provides consultancy services regarding this subject.
Our firm provides services regarding recordal of changes like change of name of the applicant, change of address, assignment, license, etc.