A trademark can usually be chosen with the amateur spirit with such expressions as a combination of a surname, a local name, and some words. Alternatively, it may be created in consultation with a marketing or advertising agency, or similar to some registered trademark found attractive. It is usually tried to make a trademark registered after trademark creation and sometimes even after marketing and sales activities. In Turkey, nearly 100 thousand trademark applications are made annually. Thus, the trademark to be selected should be at least different from the registered trademarks. If the person or institution wishing to register a trademark wants to protect it not only in Turkey, but also in the countries it exports or will export, that trademark chosen different should be different not only in Turkey but also in the countries it will trade. This requirement is not arbitrary but legal obligation. Therefore, the name of a company selected during the establishment (corporate brand) or the name, mark, or color of a product (product or service mark) selected before it is placed on the market should be different from existing and/or registered trademarks in the market. In such a case, to choose a random trademark or to decide the trademark as a result of an online research can cause irreversible damage. Investing without making serious research and analysis about the trademark means building a 30-storey building on a deedless land, on the earthquake zone.
The risks it may face if it does not conduct research and analysis before applying for a trademark;
- In case of use of a trademark previously registered by someone else, it may fall into imitation even if unintentional, it may appear like as if it counterfeits. This is an offense with material and moral damages.
- Although it is not a registered trademark that is exactly the same, it is a crime to have a similar registered trademark.
- In the case that the trademark cannot be registered, the money, labor and time he has spent so far gets lost.
- Due to the fact that it cannot protect its brand in the countries it will export, as it encounters with costumer loss, it may also encounter an obstacle such as inability to export.
KORDİNAT proposes a detailed trademark search report to ensure that customers do not suffer during and after creating trademark. This report is organized by trademark attorneys who are well-informed and experienced in trademark law.
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OUR TRADEMARK SERVICES
A trademark can usually be chosen with the amateur spirit with such expressions as a combination of a surname, a local name, and some words. Alternatively, it may be created in consultation with a marketing or advertising agency, or similar to some registered trademark found attractive.
For official protection of a trademark, trademark is required to be registered. Trademark registration officially begins with trademark application. To register a trademark under normal conditions, the trademark owner or the authorized trademark attorney of the trademark owner is required
Both the rejection decisions and appeals made during the trademark application process and the appeals made to other applications are important parts of intellectual property practices. Since on the Trademark provisions of Industrial Property Law No. 6769 in Turkey, appeal system is available.
In most of the intellectual property rights, the principle of locality exists. This means that the right is protected in which country it is registered. This also applies to trademarks and a single application cannot provide protection all over the world.
Trademarks may be subject to transactions such as sales, leasing, inheritance, etc. as all properties are. The most used transactions in the market are license (lease) and transfer transactions. Both trademark applications and registered trademarks shall be subject to
TRADEMARK INFRINGEMENT ANALYSIS
Examining whether a trademark (or mark) used in a product or service violates a registered trademark is something that requires expertise. As a result of a good trademark infringement analysis, while a company can handle an important issue of harmlessly escaping vitally important