What is Trademark Registration? How To? Why is it important for e-commerce sites?
Brand identity is one of the most popular concepts in business recently. This concept consists of elements such as logo, slogan, communication styles and visual language. It attracts attention as one of the most functional ways to make a difference, especially in the field of e-commerce, which sees more intense competition every day. However, the branding process and brand identity creation efforts must also be based on a legal basis. The way to do this is first through trademark registration. So what is trademark registration? Why is trademark registration important? We will look for answers to many questions on the subject in this article.
What is Trademark Registration?
Trademark registration is generally the process of assigning all elements of a brand to a person or business. After this process, the rights to use the elements in question legally belong only to that person or company. Other persons or institutions cannot use or imitate the elements of that brand in any way. Therefore, every initiative that wants to create its own unique brand identity must register a trademark at the initial stage.
This registration process; It can be carried out to include many different details such as logo, sign, symbol, color use or design. What is decisive here is that the sign to be registered has a distinctive feature. All signs that are clearly different from previously registered products, services or other elements can be registered. In this way, third parties are prevented from gaining unfair profits by using the brand you created and its related elements. Let’s try to explain with a simple example: Let’s assume that you sell extremely unique pet shop products that are not yet available in Turkey on a website you have opened. After a while, the products you offered began to attract the attention of animal lovers and your brand name became known within this community. If the brand you created to sell products is not registered to your company, malicious people may use the same name. It may start to take a share from the sales figures you have achieved with intense effort and expense. In order to avoid such situations, it is important that the trademark registration process is completed on your behalf before you start selling.
Where and How is Trademark Registration Done?
The importance of the subject “How to register a trademark?” or “How to get trademark registration?” It also brings up questions such as: The authority to register trademarks lies with the Turkish Patent Institute. Individuals or businesses who want to register a trademark can apply directly to this institution by collecting the necessary documents. In other words, a person who asks “Where to apply for trademark registration” should give the name of the Turkish Patent Institute.
While applications for trademark registration can be made by individuals, this process can also be delegated to intermediary institutions. Trademark registration companies, which we can say are experts in this field, manage the entire process on your behalf in accordance with the power of attorney you have given. If you do not have sufficient experience or knowledge about the registration process, you can choose this method to ensure that the process works in the healthiest way.
“Is a company required for trademark registration?” is one of the most frequently asked questions on this subject. There is no requirement to be a commercial company for this transaction. Real persons can also apply for the transaction in question. In addition, a separate application must be made for each trademark to be registered. In other words, it is not possible to register more than one trademark within the scope of a single application.
Why is Brand Registration Important for E-commerce Sites?
Your decision to engage in e-commerce means that you will carry out your activities on the internet. As you know, it is extremely simple to copy any text, image or sign that represents your brand in digital media. The values of your brand, which you have created by thinking for hours and allocated a serious budget, can pass into the hands of others in just a few seconds. Therefore, trademark registration, which is important for all types of commercial institutions, is an issue that e-commerce sites need to pay extra attention to. Based on this, it can be said that; Establishing a business for the purpose of selling online also makes registering your brand a necessity. Other factors that make trademark registration important for those dealing with e-commerce can be listed as follows:
Increasing brand value
Trust among customers
Protection of products as well as the brand
Making a difference against competitors
How to Apply for Trademark Registration?
Trademark registration application can be made to the Turkish Patent Institute in a physical environment with the necessary documents, by making an appointment with the institution. It is also possible to apply for trademark registration online. The application process can be done on TPI’s website. To do this, you can log in to the system with your e-Government password. As we mentioned above, if you do not want to manage this process yourself, you can register your brand by authorizing an intermediary company. In case your application is rejected, intermediary institutions make the necessary defense preparations and appeal the decision. After completing the procedures, your brand registration certificate will be delivered to you.
What are the Information and Documents Requested During Trademark Registration Application?
For this process, TPI requests some documents from you. The documents required for trademark registration differ depending on applications for individuals (natural persons) or companies (legal persons). It is important to submit these documents to the institution completely during the application. Otherwise, TPI will request the missing documents separately from you; This naturally delays the completion of the process.
The documents required for trademark registration according to different application types are as follows:
For personal applications:
ID photocopy
Personal contact information such as address and telephone
If any, logo, sign, etc. representing the person. elements
Power of Attorney (Notary approval is not required)
Bank receipt proving that the application fee has been paid
For company applications:
Tax plate photocopy
Photocopy of the company’s signature circular
activity certificate
Logo, sign, etc. representing the company, if any. elements
Power of Attorney (Notary approval is not required)
Bank receipt proving that the application fee has been paid
How Do Trademark Registration Processes Work?
Trademark registration is a process that takes place in many different stages. We can list the steps from the emergence of this need to obtaining the registration certificate as follows:
Emergence of the need for trademark registration and obtaining consultancy on this issue
Making inquiries about the trademark that wants to be registered
Collection of documents requested for application
Applying online or physically
Publication of the application
Formal and legal examination of the application by the Turkish Patent Institute and the Trademark Office
If the application is rejected, objecting to this decision and reviewing the objection
If the application is accepted, the decision will be announced in the Official Trademark Bulletin.
Protecting the trademark and related elements of the trademark with a registration certificate
Giving the document to the relevant person or institution
Trademark registration fee is among the most curious issues regarding this process. According to the 2021 tariff announced by the Turkish Patent Institute, the single-class trademark application fee has been determined as 280 TL. The trademark registration fee is 750 TL. In other words, you must pay at least 1030 TL for a single-class trademark registration. You can access the relevant tariff here.
So, what is the trademark registration certificate given to you after the successful completion of the application? This document can be compared to a deed. It legally records that the trademark rights subject to the application belong to the persons or institutions requesting registration. After this document is prepared, the relevant record can also be seen in the trademark registration inquiry results that can be made on TPI’s website. You can easily use this inquiry screen when deciding on your brand name, to check whether the names you are considering are registered or not.
How Long Does a Trademark Registration Application Take?
Trademark registration period varies depending on the density of the Turkish Patent Institute during the application period. On average, it may take between 7 and 11 months for your application to be processed. In cases of objection, this period may be extended further. If the Turkish Patent Institute determines that there is a deficiency in the information and documents submitted during the application, an additional period of 2 months may be granted to correct the deficiency. Failure to correct the deficiency within 2 months may result in cancellation of the application. This means that the application fee you paid in the first place will be wasted.
What is the Duration of Trademark Protection Gained through Trademark Registration?
As a result of the complete paperwork you collected and submitted to the institution, and the examinations carried out, your trademark was registered. So, how long is this trademark registration valid for? A standard trademark registration remains valid for 10 years. It is also possible to extend this period by paying an additional fee.
There is one more detail that needs to be mentioned regarding the trademark protection process. We can explain this as temporary protection of the trademark for which you applied. The application becomes official once the requested documents are submitted and the fee is paid. From this moment on, the trademark name for which the application has been made is reserved. Until the application in question is finalized, that brand name cannot be registered for any other person or institution.
Is Trademark Registration Renewed?
Trademark registrations whose 10-year validity period is expiring can be easily renewed by applying in this regard. Renewal procedures must be initiated 6 before the registration period expires. The trademark registration renewal fee has been determined as 940 TL with the 2021 tariff.
Is Notification Given Before Trademark Registration Expires?
In the hustle and bustle of business life, you may not be able to keep track of when your trademark’s registration period will expire, or you may be completely confused about this issue. You don’t need to worry about this. Because the Turkish Patent Institute informs the trademark registration owner about this issue. Although this information is not among the official responsibilities of the institution, it is a process carried out in practice. Whether the trademark registration period has expired or not is usually monitored by intermediary institutions or individuals authorized in this regard.
Missing the trademark registration renewal period may cause serious financial losses. Therefore, this issue needs to be taken seriously. If you miss this date, you can re-register your trademark by paying an additional fee. You continue to have the right to apply for renewal within 6 months from the last day of the month in which the protection period expires. However, after this period passes, you lose your official rights over the trademark.
What are the Trademark Registration Categories?
Trademark registration classes or categories are groups separated to make the registration process easier. These classes are divided into two main groups, primarily products and services. There are a total of 45 trademark registration classes, 34 of which are products and 11 are services. Before the application, it must be accurately determined which class the trademark to be registered belongs to. Because corrections on this issue are not allowed during the application. In addition, incorrect registration class preferences cannot protect the rights of the trademark or prevent rights violations. Therefore, the correct registration class must be selected in order to prevent temporal and financial losses.
If the Trademark Registration Application is Rejected, Can I Re-Apply?
Trademark applications may be rejected in whole or in part. In case of partial rejection, another application can be made with a new logo and words by rearranging the factors that led to this decision. The same applies to total rejection decisions. But this time, only a completely new trademark application must be made. In this case, the logo and words need to be renewed.
What is Industrial Trademark Registration?
Registration of industrial design products is done differently than standard products. Any design generally includes elements such as color, shape, various decorations, and products are distinguished from each other by these design features. However, the scope of industrial design includes issues such as functionality and providing optimum benefit at low cost. Therefore, industrial trademark registration is regulated by including such details. This registration, which covers different industrial areas from automotive to textile, is also granted by the Turkish Patent Institute.
What is a Brand? How to Determine Brand Class?
Brand is essentially an abstract concept. It can be described as the totality of data that a business or individual provides to its customers about its products or services. These data are all the elements that make that business special and different. Therefore, it needs to be protected. This is the primary reason why trademark registration is such an important concept. The class of a brand is determined by the content and features of the product or service offered. Classifying the trademarks under the same headings accordingly makes the registration process much easier and more practical. How to Establish a Brand? Click to visit our article!
In Which Classes Can I Register My Trademark?
We mentioned above that there are 45 brand classes in total. Your brand must be registered in the classes that include the product and service you offer. Trademark registration fees may vary depending on classes. The classes in which you can register your trademark are as follows:
01 – Chemicals
02 – Dyes
03 – Perfumery, Cosmetic Products
04 – Oils for Industrial Purposes
05 – Medicines
06 – Base Metals
07 – Engines and Machines
08 – Fork, Knife, Spoon
09 – Magnetic, Optical Record Carriers
10 – Surgery, Medical Devices
11 – Lighting Devices
12 – Vehicles
13 – Firearms
14 – Jewelery Items
15 – Musical Instruments
16 – Printed Publications
17 – Insulation, Filling Materials
18 – Processed, Unprocessed Leathers
19 – Construction Materials
20 – Furniture
21 – Non-Electric Kitchen Appliances
22 – Synthetic Fibers, Wool
23 – Threads
24 – Home Textile Products
25 – Underwear and Outer Clothes
26 – Lace and Embroidery
27 – Carpets, Rugs, Rugs
28 – Games and Toys
29 – Processed Meat Products
30 – Cake and Bakery Products
31 – Agricultural and Horticultural Products
32 – Beverages
33 – Alcoholic Beverages
34 – Tobacco, Chewing Tobacco, Cigarettes
35 – Advertising, Marketing and Sales
36 – Financial and Monetary Services
37 – Construction Services
38 – Telecommunication Services
39 – Transportation Services
40 – Materials Processing Services
41 – Education and Training Services
42 – Engineering, Architecture, Computer
43 – Food, Beverage, Accommodation
44 – Medical Services
45 – Legal Services
What is TM? What is SM? What are the differences between TM, SM, ® Signs?
TM and SM are symbols used to express the registration status of trademarks. TM is the abbreviation of the English concept “Trade Mark”; It is known as “Trademark” in Turkish. SM is the equivalent of this concept in the service sector. It is the abbreviation of “Service Mark”; It can be translated as “Service Mark”. Both of these signs are used by trademarks that have been applied for but have not yet been officially registered. ® comes from the first letter of the word “registered”. It indicates that the trademark has been registered. However, it is not mandatory for every registered trademark to use this symbol; It is left to the choice of businesses. These signs are legally used in the United States. It covers applications before the United States Trademark Office, or USPTO for short. In other countries, the use of these signs has a more symbolic meaning.
