Trademark registration

The brand within the industrial property right is defined as a sign that serves to distinguish between the goods and/or services of enterprises. In this context, the brand is a product of ideas and can be established on intangible goods. The nature of the functional position of the brand makes the protection equally important. Legal protection of the brand is possible by registration. In this context, the registration process in our country depends on the fact that the relevant mark is distinctive and can be shown in the registry. Any sign that meets both criteria can be registered. Although the brand's use of broad protection is registered, the trademark owners do not have to register. Therefore, brand owners have the opportunity to use their brands without registering them. In such a case, the brand is protected not within the framework of the Industrial Property Law, but within the scope of the unfair competition provisions of the Turkish Commercial Code. In other words, unregistered brands are not left completely unprotected, only the scope of protection is narrower. The protection of brands is only carried out in the country where registration is carried out in line with the principle of nationality. In line with this principle, the protection of a brand in Turkey depends on its registration before TÜRKPATENT. The right to recourse is an exception to this principle. Accordingly, a trademark registered in one of the member states of the Paris Convention or applied for registration has the right of priority in registration in other countries that are members of the Union for six months. The spread of trade to the international sphere, the limitation of protection within the national framework, the necessity of making international regulations related to the brand. In this context, many arrangements have been made such as the Paris Agreement, TRIPS, TLT, Nice Agreement, Vienna Agreement, Madrid Agreement and Madrid Protocol regarding the international registration of the brand. Turkey, on the other hand, has revised its internal legislation in this regard as a result of being a party to many of them. With the adoption of the SMK in 2017, brand law has been comprehensively regulated.