A trademark must be registered in order to obtain official protection. The official starting step of trademark registration is trademark application. Under normal conditions, trademark registration is done through an application filed at the Turkish Patent Institute in Turkey either by the trademark owner himself or a representative authorized by the trademark owner.
Even though the basic requirement for the registration of a trademark is that an official application is filed at the Turkish Patent Institute, application is actually the easiest part of the whole registration process, because it does not necessarily mean that every application will result in registration. A trademark, for which an official application is filed, may not be registered if it is similar to a trademark registered in Turkey or a trademark which is not registered in Turkey but is well-known worldwide. A trademark can hardly be registered unless it fulfills the registration requirements set forth in the trademarks law. And even if registered, the protection of the trademark may not be strong. Therefore, trademark registration does not consist of application only. Application is just a procedural step that must be fulfilled. What it takes for a successful trademark registration is good research, preparation of a proper trademark file, quick application, ability to professional answers to refusals and objections that might be encountered subsequent to application, and management worth of registration.
Kordinat performs official application and registration procedures to provide the best possible protection for the corporate names, logos, signs and slogans of its customers or any trademark they use or intend to use for their products or services. Trademark applications are filed after a trademark research report is issued. Only those trademark applications, which are unlikely to be refused or likely to be admitted according to results of said report, are filed at the Turkish Patent Institute under the management of authorized trademark representatives. Follow-up activities under the control of representatives for trademarks, for which an application is filed at the Turkish Patent Institute, continue until a certificate is delivered to the customer.
The trademark registration process from the filing of an application by the representatives of Kordinat until a registration certificate is obtained can be summarized as follows:
- a) Preparation of Trademark Application File: Trademark application files in accordance with the Industrial Property Law No. 6769 are prepared only after a trademark research report is issued, on the condition that such report delivers a positive result. If there is a risk, the situation is explained to the customer in all transparency. If the trademark research report is positive, the file is prepared after having chosen the suitable sections of Trademark Classes according to sectors for which the trademark is to be registered.
- b) Trademark Application to the Turkish Patent Institute: The application file is submitted to the Turkish Patent Institute online via e-signature within 24 hours at the latest. Documents related to the application are notified to the customer and then, the first opinion of Turkish Patent Institute is awaited.
- c) Decision of the Turkish Patent Institute: Turkish Patent first makes a formal examination of the trademark application file in accordance with the Industrial Property Law No. 6769, and presents its opinion. In its decision, Turkish Patent may notify that the trademark will be published in the trademark bulletin or reject the application. The application files submitted by Kordinat are less likely to be rejected because the applications are filed by Trademark Representatives on basis of a trademark research report. Nevertheless, an application can be rejected in part or as whole in cases where a counterstatement is required or a different opinion is delivered by the Turkish Patent specialist or for other reasons. If this is the case, the customer is informed accordingly, and a Trademark Objection is filed against the decision of the Turkish Patent Institute if the filing of an objection is mutually agreed with the customer. If such objection is found justified, Turkish Patent will decide to admit the trademark’s publication.
- d) Trademark Publication: If a trademark, for which an application is filed, passes the examination by Turkish Patent, it is decided to publish the trademark in the trademark bulletin. Under normal conditions, such publication takes about 3 to 5 months from the date of application. If no objection is received within the 2 months after the trademark’s publication in the bulletin, Turkish Patent will decide to register the trademark. Once a trademark is published in the bulletin, third parties will have the chance to raise objection against it within 2 months in order to prevent registration of the same. Objections may be raised on grounds of similarity to a registered trademark owned by the objecting third party, well-known trademarks etc. Counterstatements made against objections, which are raised against a trademark, can sometimes be as important as a case file, and must therefore be prepared by legal professionals acting as trademark representative. If the counterstatements made against third party objections in connection with a trademark, for which an application is filed, are found justified, it will be decided to admit the trademark’s registration.
- e) Decision and Certificate of Trademark Registration: If no objection is raised against a trademark application during examination by Turkish Patent or during publication, or if convincing defense statements are produced against the objections raised, it is decided to admit the trademark’s registration according to the Industrial Property Law No. 6769. After such decision, a Trademark Registration certificate is issued. Under normal conditions, it takes about 12 to 14 months to register a trademark.
A trademark application should not be regarded as a mere submission of a petition to the Turkish Patent Institute. In fact, the aim of trademark applications is to obtain legal protection for a trademark in the fullest sense possible, since it comprises a corporate name or sign which the company intends to use for a product or service as a means of earning money. Therefore, it is for the benefit of companies if the relevant procedures are carried out by competent trademark representatives.
The representatives of Kordinat consist of experienced representatives who have very good command on trademark issues for many years. Prior to and during the course of a trademark application, Kordinat makes strategic suggestions to strengthen the trademarks of its customers