A brand is a word, name, shape, label, sound or three-dimensional object that defines the goods and services of a person or business and enables them to distinguish them from the goods and services of others. Turkey's becoming the conservation of the current brand has started after 1995, the date 01/10/2017 has been given a stronger structure No. 6769 entered into force on intellectual property law.
Today, the "brand", which has a meaning beyond being a name that only qualifies goods or services, is of great importance for businesses. So much so that sometimes the brand values of companies can override the tangible assets they have. The "trademark", which is a differentiation tool of an enterprise, can only be legally protected by registration and provides companies with the right to be a monopoly.
Trademark registration gives the registrant the right to prevent any use of the relevant trademark for goods and services within the scope of the registration without his permission. The trademark owner can use the trademark personally, as well as grant others permission to use the trademark through license.
What is the Importance of Trademark Registration?
The SMK numbered 6769 has determined the rights granted to the owner of the registered trademark. At the application stage, a brand that has been examined by TPI, published if deemed appropriate and opened to the opinions and objections of third parties, starts and continues its activities risk-free with the inspection of both official institutions and the society. There is a registration certificate issued by the official institution to the trademark that does not carry any risk anymore. With its registration certificate, the company can easily prevent unfair gain attempts, as well as impose penal sanctions.
Another point that brand owners make a great mistake about the brands they use is TRADE TITLES.
The phrases included in trade names and used as trademarks by their owners are registered in the Trade Registry and are not protected by the provisions of the 6769 SMK. These brands, which are registered in the Trade Registry but used without being registered with the Turkish Patent and Trademark Office, can be registered in the Trademark registry by another business that uses or does not use the same or similar phrase in the Trade Name. In some cases, this situation may result in the court's decision to change the Trade Name as a result of the legal action of the party that registered the trademark by acting first.
The purpose of registering your brand; Beyond just preventing others from gaining unfair gain, it is to prevent sanctions from being imposed on you with the claim of providing unfair gain. In case your brand is not protected by registration; all rights below; It will be irreversibly passed to other persons or organizations that will apply legally according to the principle of "first come, first served".
With the registration application, a protection process that will last for 10 years starts, The use of this trademark by other persons and organizations and unfair competition elements and illegal practices such as imitation - copy can be prevented, You can obtain all commercial rights such as transfer, sale, franchise, dealership and license of the trademark. .