A trademark is usually created with an amateur soul by using a surname, certain word combinations, words similar to those of attractive registered trademarks, or by consulting a marketing or advertising agency. Trademark registration is usually done after the brand is created and sometimes even after marketing and sales activities. In Turkey, over 100,000 trademark applications are made annually. If a company creates a trademark which the company wants to use not only in Turkey but also in export countries, the company will have to create a trademark that not give rise to problems of legal utilization in view of the hundreds of thousands of existing trademarks and at the same time attract the customers’ attention. In such a case, making investments to a trademark without any preliminary trademark research or analysis would be like constructing a 30-storey building on a land without title, or perhaps in an earthquake zone. It is therefore necessary to register a trademark not when the product is launched on the market or at the time of advertising, but at the time of strategy development after an idea is generated for the first time.
The risks that can be encountered if no preliminary search and analysis is performed before trademark registration:
- The use of a trademark that has been registered by another person at an earlier time, even if such use is made unknowingly, will be construed as imitation. This is an offence that will result in material and immaterial damages.
- The use of a similar registered trademark, even if not identical, is construed to constitute an offence.
- Failure to get a trademark registered will cause all the money, efforts and time go down the drain.
- Failure to protect a trademark in a country, to which the trademark will be exported, may lead to loss of customers as well as inability to export the trademark in the first place.
Kordinat recommends the issuance of a detailed trademark search report in order to protect its customers against any loss or damage during and after creation of a trademark. Said report is issued by knowledgeable and experienced trademark representatives who have very good command of trademark law.