How to Apply for a Trademark. How To Register Your Trademark
What is a Brand?
Brand is defined as the name, term, word, symbol (symbol), design (design), sign, shape, color or various components thereof, which are used to identify, promote and differentiate and differentiate the goods and services of one or a group of manufacturers and / or sellers from those of their competitors.
The Marketing Association of America defines the brand as a name, term, sign, symbol or design that aims to identify the products and services of a vendor or vendor group and to differentiate it from competitors.
Today, there are companies whose brand value is measured in billions of dollars. As a known example, Coca-Cola’s brand value of $ 78 billion is almost 6 times its financial assets.
Why Is Trademark Registration Important?
Protection of the brand is an issue that should be considered from the development stage of a business model or product.
The protection of the trademark, which is an industrial right, is possible with registration. In the future, many such as claiming the trademark right in possible trademark violations, stopping, preventing and removing the infringement, demanding compensation, requesting a criminal investigation against the violating the trademark right, protecting the trademark against counterfeit products, buying domains with com.tr extension.
Trademark registration is important in this regard. For unregistered brands, it is only possible to benefit from a narrow protection regarding unfair competition.
Which Trademarks Can Be Registered?
It is possible to register any brand as a trademark provided that it is distinctive. It may consist of all kinds of signs, including words, shapes, colors, letters, numbers, sounds, and the shape of the goods or their packaging, provided that they can be displayed in the registry in a clear and precise manner.
Today, real person names, surnames and nicknames can be registered as trademarks. Again, with the Industrial Property Law (“Law”) published in the Official Gazette on January 10, 2017, if the trademark is suitable for registration and can be shown in the registry, even the registration of voices has been opened.
Prior to the adoption of the law, the registration of abstract colors alone was not made possible due to the fact that the single color was not distinctive and could be used by everyone. However, in the new Law, it has been accepted that colors can be registered alone as well as color combinations. Slogans, goods or packaging forms identified with the brand can also be registered and protected as a brand.
How to Apply for A Trademark
Trademark application can be made with physical documents or online. In order to apply, it is not necessary for the applicant to be a merchant or to have a commercial enterprise, and real persons can apply for trademark registration. A separate registration application must be made for each brand. It is not possible to make a single application for more than one brand.
The trademark application includes the application form containing information about the identity of the applicant, the trademark sample, the list of the goods or services subject to the application, the document showing the payment of the application fee, the technical specification regulated in the Law if the application is made for the common trademark or guarantee trademark, the priority right if there is a priority right request.
It includes the document showing that the demand fee has been paid, and if letters or letters other than Latin alphabet are used in the brand sample, their equivalents in the Latin alphabet. Trademark registration takes place at the end of the administrative process carried out by TPI upon the application.
This process involves;
- registration application,
- Classification and examination of the application by TPI,
- publication of the application,
- making objections to the application, examining the objections,
- issuance of registration documents / rejection of registration application,
and takes approximately 7-9 months. An application whose application has been made in full or whose deficiencies have been corrected and whose right has not been appealed within due time or whose objection has been rejected will be registered and recorded in the registry. “Trademark Registration Certificate” is given to the applicant.
Online Trademark Registration
1. Surf internet for a brand name that is “wacky-enough”
The best part here is that you can invent or coin some words with a mix of generic words to create a unique brand name for yourself.
- Preparing a trademark application
- Business Registration Proof: On the basis of your registered business (for eg: sole proprietorship and so on), an identity proof of the company’s directors and an address proof have to be submitted.
- Soft copy of the trademark.
- The proof of claim (which is applicable) of the proposed mark can be used in another country.
- Power of attorney to be signed by the applicant.
2. Filing the application of brand name registration
If you choose ‘manual filing’ then you have to personally move and handover your application for the registration to the Registrar Office of Trade Marks situated in the major cities. But in the case of an e-filing system, you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your TradeMark (TM) symbol beside your brand name!
3. Examining the process of the brand name application
There should not be any conflict or dispute amongst any existing or pending brands for the registration.
4.Publication of your brand in the local Trade Mark Journals
This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days.
5.The trademark registration certificate issuance
The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days.