TRADEMARK
REGISTRATION
Trademark
protection can be obtained mainly through registration. Trademark registration
is not an obligation, but the registration proves the rights on the trademark
and prevents trademark infringement. The registration of a trademark provides
very strong protection in case of conflict with a similar or counterfeit
trademark.
Many people
confuse Trademark Registration with the Trade Registry and think that the
registration of the trade name in the trade registry also provides trademark
protection. This is a common misconception.
Trade
name is the name that should be used while doing business. A brand is what
distinguishes your product or service from other products or services. A
business can have one trade name but more than one brand.
In
order to apply for trademark registration, there is no requirement for a
commercial enterprise. Individuals and unlimited companies can also apply for a
trademark. If a company or person wants to register for more than one
trademark, they must apply for registration separately for each trademark.
THE RIGHTS PROVIDED BY THE TRADEMARK
REGISTRATION TO THE TRADEMARK OWNER
•
Trademark Registration gives the owner the right to
use the trademark alone and to prevent its unauthorized use.
•
The trademark owner has the rights that provide to
prevent the unauthorized use of any sign that may be confused with respect to
the same or similar goods or services within the scope of registration, that
would gain an unfair advantage due to the reputation of the registered
trademark.
•
A registered trademark may be transferred, inherited,
the right to use may be the subject of a license, pledged or shown as security.
Unregistered trademarks cannot benefit from the rights and protection
brought by the laws on the registration and protection of trademarks.
In
order to realize the international trademark registration, first of all, a
registered trademark or a trademark application must be present at the relevant
office. An international trademark application is made to the World
Intellectual Property Office (WIPO) through the office based on the registered
trademark or trademark application.
TURKEY : INTERNATIONAL REGISTRATION
TRADEMARK REGISTRATION
INTRODUCTION
In the service
sector which is constantly changing and developing, the companies need to offer
and market their goods and services internationally and this requirement
increasing day by day. In the light of these developments, international
recognition and protection of intellectual property rights has come to the
fore.
The
registration of the "trademark", which is a major factor in the
presentation of the goods and services of important and leading companies
operating not only in Turkey but also abroad, in international markets is
extremely important for the marketing and protection of these services. For
this reason, companies that want to protect their trademarks abroad should also
register these trademarks in the relevant countries. As it is known, the rights
arising from trademark registration provide protection only in the country
where the registration is made. If the trademark is to be protected abroad, it
must also be registered in the countries where protection is requested. It is
possible to apply individually for the offices of the country where registration
is requested, or it is possible to obtain protection in more than one country
with one and only application by using certain registration systems.
Today, there
are basically 2 (two) basic application systems for international trademark registration.
The first of these is the “European Community Trademark (CTM) System”, which is
one of the regional systems; the other is the "Madrid System", which
is among the international systems and is frequently preferred. It is possible
to apply individually for the offices of the country where registration is
requested, or it is possible to apply with a single application by using
certain registration systems which includes interantional proctection.
Registering of
a foreign trademark for the countries you export to or think about to export,
is the most important step in protecting your trademark. If your trademark is
registered in the name of another company, you run the risk of "customs
confiscation". In such a case, exporting with an unregistered brand can
cause such a big harm to you.
TRADEMARK REGISTRATION UNDER
THE EUROPEAN COMMUNITY MARK (CTM) SYSTEM
European
Community Trademark Registration System (CTM), which is one of the regional
systems, provide that, trademark owners can request protection within the
framework of EU Law in the European Union within the scope of member states
with a single application. Registration procedures in the Community Trademark
System, which is the system that provides protection with a single application
in the member states of the European Community; it is carried out at the
European Union Intellectual Property Office (EUIPO) in Alicante, Spain.
If we talk
about the advantages of CTM, it provides, trademark registration in all
European Community countries with a single application and it brings much more
economic convenience when compared to separate registration applications in
each country.
TRADEMARK REGISTRATION UNDER
THE MADRID SYSTEM
Madrid
Agreement, is an agreement within the scope of international trademark
registration, that enables individuals/companies that have a registered
trademark in their own office or that have a registration application to have
international registration in many countries that are members of the Madrid
protocol with a single application.
Within
the scope of this protocol, Turkish citizens or the people which have
commercial and intellectual property bussines in Turkey, can apply for an
international trademark through the Turkish Patent and Trademark Office (TURKPATENT)
and this application includes more than 100 countries through the Madrid
Protocol. An international trademark application can be made by natural person
or legal personalities who have a real and effective intellectual property or
commercial establishment in a country that which become a member of Madrid
Protocol. In addition, if the country is not a member of Madrid Protocol, it’s
not possible to provide trademark protection through this system.
OBJECTIVES OF MADRID
SYSTEM
•
To ensure the international registration of
trademarks in more than one country by making a single application and using a
single language,
•
To ensure that the changes (such as title or
address change, transfer, limitations in the goods and service lists) after the
trademark is registered are recorded in the International Registry through a
single and simple process.
The scope of the Madrid System is
quite wide and provides to make an international application with a more
affordable budget, quickly and effectively opportunity for the applicants. By
issuing a single form, applicants can choose from 100 (one hundred) countries
which member of the Madrid Protocol and can ensure the international
registration of the trademark in the selected countries, with an application
made in a single language. In addition, all kinds of changes (address, type,
title, change of owner, other dispositions such as proxy assignment/removal,
etc.) after the registration of the trademark are also saved in the
international registry with a single transaction. According to the Madrid
Protocol, international applications can be made in either English or French.
International trademark applications made through the Madrid Protocol must be
notified to WIPO through the relevant office.
CONDITIONS FOR INTERNATIONAL
TRADEMARK APPLICATION
WITH THE MADRID PROTOCOL
In
order to provide international trademark registration with the Madrid Protocol,
it is obligatory to have a registered trademark or a trademark registration
application in the relevant office (TURKPATENT). The international registration
application is dependent on the registered trademark for 5 years from the date
of international registration. The changes that will restrict or abolish the
scope of protection of the main trademark within 5 years from the date of
international registration are notified to WIPO by TURKPATENT and the scope of
registration of the international application is also restricted or eliminated.
The protection period of international
trademark registration is 10 years. International trademark registration can be
renewed for periods of 10 years at the request of the trademark owner and on
the condition that the renewal fee is paid.
As briefly explained above, the
Madrid Protocol and the Madrid System are currently the most widely used
international trademark registration system in the world, within the framework
of the convenience and high number of advantages they provide. There is another
important advantage of the Madrid System is, it offers the opportunity to
expand the registration to other member countries of the system, if desired. In
addition, in case of rejection of the trademark application in one of the
applied countries; this refusal does not affect the outcome of the applications
in other contracting countries.
CONCLUSION
Today, it has
become very important to register the trademark internationally and in more
than one country, within the scope of the rapid development of technology, the
globalization of commercial activities in the world with the significant
effects of internet sales and online shopping. "European Community
Trademark (CTM) System" and "Madrid System" are mostly preferred
for the registration of the trademark in the international arena. Thanks to these
systems, trademark owners who want to protect their trademarks in more than one
country are freed from the burden of registering separately in each country in
order to obtain this protection.
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