What Is Trademark Registration and How Is It Done? Application Guide

What is trademark registration?

Trademark registration is the recording in the register, at the Turkish Patent and Trademark Office (TÜRKPATENT), of a sign that distinguishes one product or service from others. Under Industrial Property Law No. 6769 (SMK), registration gives the trademark owner the right to use that sign for specific goods and services and to prevent others from using it without permission.

In short, a trademark is the sign by which your customers recognize you. Registration establishes through an official record that you are the owner of that sign. An unregistered trademark can be used in business, but if someone else files for and registers the same or a similar sign before you, you may have to defend your right to use it.

Why is trademark registration necessary?

Many entrepreneurs pay little attention to their trademark in the early days and run into problems after the business grows. The main benefits of registration are as follows:

• Legal basis: In case of imitation or unfair use, you hold a concrete document proving your right.
• Protection of your investment: The effort you put into advertising, packaging, your website and customer trust is tied to a single name. If you lose that name, much of that investment is lost with it.
• Commercial value: A registered trademark can be assigned and licensed, and it can be counted as an asset in franchise and partnership negotiations.
• Credibility: A registered trademark allows you to use the ® symbol. This symbol may be used only for a registered trademark.

Which signs can be a trademark?

Two basic conditions apply for a sign to be registered as a trademark: it must be capable of being represented graphically, and it must be able to distinguish one business's goods or services from those of others. In practice, the following can be trademarks:

• Words, personal names and abbreviations
• Logos, shapes and drawings
• Combinations of letters and numbers
• Slogan-type expressions
• In some cases, the shape of a product or its packaging, a color combination and sound

By contrast, words that directly describe the kind of product (for example, "Bread" for a company that sells bread), public symbols or misleading expressions are treated as absolute grounds for refusal. You can find the details in our article on reasons for trademark application refusal.

How is a trademark registered?

The process begins before the application. A well-prepared trademark application generally proceeds through the following steps:

1. Preliminary search: The name or logo you have chosen is checked against trademarks that have already been registered or applied for in the same or a similar field of goods and services. This step is the cheapest way to see the risk of refusal and opposition.
2. Determining the classes and the list of goods and services: You apply in whichever of the 45 classes of the Nice Classification the trademark is to be protected. For class selection, take a look at our article on how to choose a trademark class.
3. Filing the application: The application, together with the applicant's details, the trademark representation and the list of goods and services, is submitted electronically, and the required fees are paid. The filing date is an important reference point in any later disputes.
4. Office examination: TÜRKPATENT first checks for formal deficiencies and then for absolute grounds for refusal. It does not examine relative grounds, such as conflicts with earlier trademarks, ex officio.
5. Publication and opposition period: An application found acceptable is published. Within 2 months of the publication date, holders of earlier rights may file an opposition.
6. Registration: If no opposition is filed, or if the oppositions are concluded and the application proceeds in your favor, the trademark is registered upon payment of the required fee and a registration certificate is issued.

To see all the steps in detail, you can read our guide on the trademark registration process step by step.

What information should you prepare for the application?

To speed up the application and reduce mistakes, clarify the following information from the start:

• The applicant's identity or company details (the applicant may be an individual or a legal entity)
• The trademark representation: the lettering, the logo file or both
• A clear list of the products and services to be protected
• Power of attorney details, if the application will be filed through a representative
• Information on the priority right if an earlier application has been filed abroad (the priority period for trademarks and designs is 6 months)

Current official fee amounts change from time to time. For exact amounts, you should check the current fee schedule published by TÜRKPATENT or obtain confirmation from a specialist.

Who needs trademark registration?

A trademark is not only a need of large companies. If any of the following situations applies to you, it makes sense not to postpone registration:

• If you have chosen a name for a new business, product or service and will enter the market under that name,
• If you sell online and are increasing your investment in advertising and content,
• If you are considering franchising, building a dealer network or finding investors,
• If you plan to use the same name in different cities or countries,
• If your existing trademark has become well known in the sector and a risk of imitation has arisen.

The difference between a small boutique and an international manufacturer lies in the size of the risk; the need is the same. For this reason, setting priorities according to your budget and protecting at least your main trademark is a wise place to start.

Are a trade name, a domain name and a trademark the same thing?

No. These three concepts are often confused, and the confusion can prove costly:

• Trade name: The official name of a company or business in the trade registry. A registry entry does not mean that the name is protected as a trademark.
• Domain name: An internet address. Acquiring a domain name does not create a trademark right in that name.
• Trademark: The sign that distinguishes goods and services, and it gains strong legal protection only through registration.

The same logic applies to social media accounts. A username being available does not mean that the name legally belongs to you. For this reason, it is wiser to conduct a trademark search before the name is finalized and, if it is found suitable, to acquire the domain name and social media accounts in line with the trademark.

How long does trademark protection last?

Trademark protection lasts 10 years from the filing date. If a renewal application is filed at the end of this period, protection is extended for another 10 years, and this can be repeated indefinitely. The table below summarizes the key points:

Common mistakes in trademark applications

• Applying without a search: Receiving an opposition because of a similar trademark after the fees have been paid costs you both time and money.
• Choosing classes that are too narrow or too broad: A narrow selection leaves gaps in protection, while an unnecessarily broad one increases the risk of opposition and of non-use.
• Choosing a descriptive name: Names that directly describe the product are often not found to be distinctive.
• Making large investments without waiting for registration: Spending money on packaging, signage and advertising before seeing how the registration process is going is risky.
• Forgetting renewal and monitoring of use: Registration is not an end; it is the beginning of an asset that has to be managed.

Note: No consultant or institution can give a guarantee of "certain registration." The final decision depends on TÜRKPATENT and on the position of any third parties who file an opposition. Proper preparation only reduces the risk.

How long does trademark registration take?

For applications that proceed without opposition, the process can generally take from a few months to a year. If there is an opposition, a refusal decision or a request to complete missing items, the time is extended. For this reason, it is recommended that you file the application in the first stage of your business plan.

Conclusion

Trademark registration is a combination of choosing the right name, thorough searching, appropriate classification and follow-up of the process. An application prepared meticulously reduces the likelihood of refusal and opposition. If you would like a free preliminary assessment for your trademark, you can fill out our quote form, and to see the scope of the service you can review our trademark registration service.