Trademark attorney is one of the most sought-after subjects in recent times. With the development of technology, the protection of industrial property products has also gained attention. The trademark right is one of the industrial property rights.
The registration of trademark rights, which is based on the purpose of distinguishing the services and products of enterprises, is a detailed, complex, and long process. As a result of making mistakes in the trademark registration procedure, the registration may be canceled. In this process, it is beneficial to get legal support from a trademark attorney.
In this article, we will discuss the trademark, trademark registration procedure, trademark attorney, and all other information related to the trademark. If you want to get more detailed information on the subject, stay with us and keep reading.
What is a trademark?
A trademark is a means of protection regulated by the Industrial Property Law. All kinds of signs that enable the goods or services of an enterprise to be distinguished are referred to as trademarks. A trademark is a right that can be transferred separately from the business and may be subject to a license.
Three criteria have been stipulated in order for a sign to be accepted as a trademark. These elements are:
- A sign is something that conveys information and a message and can be perceived by one of our five senses.
- Distinctiveness: The sign used must not be reminiscent of the goods or services of another enterprise.
- Clarity and precision: The chosen brand should provide a clear and precise understanding of the protection afforded to the brand owner.
A brand, which has all the above-mentioned elements, has the functions of distinguishing, showing the source of the good or service, advertising, and guaranteeing that the product will always be produced at a certain quality.
Personal names, words, shapes, letters, and numbers, colors, sounds, smells, and movements can be registered as trademarks. Other signs that are not included in this scope can also be registered as trademarks.
During the trademark registration process, there are some signs that cannot be registered. For absolute refusal reasons, the trademark requested to be registered will not be able to benefit from the protection. These brands are:
- Signs containing the shape of the product
- Brands that contain phrases indicating the type, variety, quality, quality and value, geographical source and time of products or services,
- Coats of arms and emblems that are of public interest, that have become public property in terms of historical and cultural values, and that are prohibited by the competent authorities
- Names are used by everyone in the field of commerce, expressing those who belong to a certain profession, art, or trade group.
- Trademarks previously registered or applied for registration for the same product or service,
- Brands that mislead the public about the origin, quality, place of manufacture, or geographical location of a product or service.
- Trademarks that are prohibited for use by the competent authorities
- Well-known brands
- Brands containing religious values and symbols,
- Trademarks against public order and general morality.
- Trademark applications made in bad faith
Trademark Registration Procedure
The trademark registration application can be made on the official website of the Turkish Patent Institute together with the necessary documents listed below. The following documents must be present in the application:
- An application form containing information about the applicant’s identity,
- Sample of a trademark,
- A list of the goods or services that are subject to application
- Proof that the application fee has been paid
- If there is a priority right claim, the document proving payment of the priority right request fee,
- If letters or letters other than those in the Latin alphabet are used in the brand sample, their Latin alphabet equivalents must be included.
The trademark application is examined in a formal and substantive manner. The trademark registration process has a detailed and long procedure. At this point, it would be in your best interest to get legal help from a trademark lawyer.
A trademark attorney is a lawyer who has full knowledge of all legislation regarding trademark registration and follows the developments and innovations regarding trademarks in the national and international legislation. As a result of the extremely complex and long trademark registration procedures, people who apply for trademarks often want to get legal assistance from a trademark attorney.
Making a trademark registration application, post-registration procedures, preparing trademark contracts, and resolving legal disputes arising from trademark registration are within the scope of the business of trademark attorney.
It is not enough to make an evaluation based solely on the number of people who register trademarks. As a result of the infringement of your trademark rights by a different business, it would be beneficial for you to seek the benefit of a trademark attorney.
Topo Law Firm as Trademark Attorney
Topo Law Firm has been providing consultancy services to its domestic and foreign clients in all legal proceedings and disputes that may arise in the field of trademark law since 2015.
We provide legal consultancy in terms of transactions such as trademarks, patent and design pledges, licenses, and foreclosures, all types of trademark, patent, and design lawsuits; application and registration; opposition to the application; renewal and transfer; change of title and address in the brand; trademark infringement and precautionary measures in trademark infringement, raid, and seizure.
You can contact us to get legal advice from the expert trademark attorney team of Topo Law Firm.
FAQ About Trademark Attorney
1. How much is a trademark attorney?
Consultancy fees for lawyers are determined by official authorities every year. An evaluation is made of the determined amount. You can contact us for more detailed information.
2. What if my trademark is registered?
Before applying for a trademark, it would be in your best interest to examine the previously obtained trademarks in the field you want to register. You can examine the previously trademarked terms by making use of the service provided by the Turkish Patent Institute.
3. How long does it take to become a trademark attorney?
After graduating from the law faculty of universities, it is necessary to complete a lawyer internship and get a lawyer’s license. After obtaining a lawyer’s license, he can become a trademark attorney by working in the field of intellectual property law.