Trademark Application

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 to apply to the Turkish Patent and Trademark Office in Turkey.

Although the basic condition for the registration of a trademark is the official application of the trademark to the Turkish Patent and Trademark Office, the application actually is the easy part. Since it does not mean that each trademark which has been applied will be registered. An officially applied trademark may not be registered if it resemble a trademark registered in Turkey or a worldwide-known trademark although it is not registered in Turkey. According to the provisions of the Industrial Property Law No. 6769, if it does not include the trademark registration requirements, trademark is very difficult to register. Even if registered, it may not be fully registered for the preferred sectors or with the appeal of the trademark or a case, in the defeasible manner, the trademark protection may not be strong. Therefore, trademark registration is not only an application. The application is merely a procedural process that must be performed. Good research for trademark registration, preparation of a good trademark file, quick application, professional responses to rejections and objections after the application and management that deserves registration are required.

KORDİNAT carries out to the protection of the corporate names, logos and marks of its customers in the best way for any trademark that they think or use for their products and services and official applications and registrations of them. The application of a trademark can only be made through preliminary research and analysis. As a result of this report, trademark applications that are unlikely to be rejected (or likely to be registered) to Turkish Patent and Trademark Office are carried out under the management of authorized Trademark Attorneys. Follow up of the trademark applied to Turkish Patent and Trademark Office under the control of attorney lasts until the document is delivered to the customer.

The process until a registration certificate is obtained from the application of a trademark made by the representatives of KORDİNAT works like this;

1. Preparation of Trademark Application File: According to the Trademark provisions of Industrial Property Law No. 6769, preparation of a trademark application file takes place only if the Trademark Search report is prepared and the report is positive. If there is a risk, the reasons are explained to the customer with all the transparency. If the brand is positive or there is a high probability of registration, appropriate sections of the Trademark Classes according to the sectors to be registered are selected with customer approval and file is prepared.

The file includes;

Trademark example

Classes of goods and services

Operating certificate (as preference)

KORDİNAT’s power of attorney is required.

1. b) Application of the Trademark to the Turkish Patent and Trademark Agency: File ready for application is normally applied Turkish Patent and Trademark Office within 24 hours. The documents related to the application are notified to the customer and the first opinions of the Turkish Patent and Trademark Office are waited.

1. c) Turkish Patent Decision: Turkish Patent examines the trademark application file in form and then according to the Trademark provisions of Industrial Property Law No. 6769 and expresses an opinion. Turkish Patent can state that the application will be published in the brands bulletin in its decision or can issue a Refusal decision. Files applied by KORDİNAT are unlikely to be rejected because trademark attorneys have applied by making trademark search. However, the application file may be given a decision of REFUSAL or Partial REFUSAL because of situations that may require interpretation against this, different opinion given by Turkish Patent Expert or other reasons. This is notified to the customer and if it is decided to issue an objection with customer approval, Trademark Appeal is made. If the objection is justified by the Turkish Patent, the publication of the trademark is decided. If there is a refusal again, there is a second right to appeal.

1. d) Publication of the Trademark: If the applied trademark has passed the examination of Turkish Patent and Trademark Office positively, it is decided to be published in the trademarks bulletin. The publication is normally 5-6 months from the date of application. If the trademark does not receive an appeal within 2 months of its publication in the bulletin, The Turkish Patent decides to register the trademark. After the trademark is published in the bulletin, third parties may appeal to prevent the trademark from being registered. Such objections may be due to similarity to their registered trademarks, famous brand or etc. The Turkish Patent and Trademark Office notifies the applicant about the appeal to the trademark and asks for opinions. The opinion against the appeal is sometimes as important as a case file and is prepared by the trademark attorneys. If the opinion given to the appeals made by third parties against the applied trademark is accepted, it is decided to register the trademark.

6769. e) Trademark Registration Decision and Certificate: If the trademark applied does not encounter any objection either in the Turkish Patent and Trademark Authority examination or during publication, or convincing answers to the appeal has been given, it is decided to register the trademark in accordance with the provisions of Trademark of Industrial Property Law No. 6769. After this decision, Trademark Registration Certificate is issued. Under normal conditions, the registration of a trademark is approximately 9-12 months.

The application of the trademark should not be considered as giving only one petition to the Turkish Patent and Trademark Office. Since the trademark application is the product, service or corporate name or sign that the company aims to earn money, the purpose is to ensure that the trademark is fully protected or guaranteed under the law without any vacancy. Consequently, conduct of transactions by qualified trademark attorneys is for the benefit of the companies.

KORDİNAT consist of attorneys who are well-informed and experienced in the trademark for many years. Before and after the application of a trademark, it conducts attorneyship procedures by making strategic suggestions to customers to strengthen their trademarks.