
Naturally, an entrepreneur will want to position their products or services in the market in the most suitable way. You should use your trademark to maintain brand awareness while promoting the unique features of your product or service. At Ajans Bulut, we quickly handle all application processes for Bursa Brand Registration after conducting free preliminary research.
For this purpose, your trademark deserves protection. After all, you do not want your competitors to copy or misuse it. Once your trademark is officially registered, it is legally protected.
The registration of your trademark is subject to legal rules. When you apply for Bursa brand registration, we check if your trademark complies with these rules. Otherwise, we must reject the registration. In this case, registration fees are non-refundable. We conduct preliminary research to ensure that your trademark complies with the rules.
Remember that other parties may object to your application. This can happen when your trademark is the same or very similar to a previously registered trademark for the same or similar products and services. Therefore, check in advance if your trademark is available.
Only distinctive trademarks are responsible for registration. The important thing here is the overall impression that the trademark leaves on the public, including the word and (possibly) visual elements. For example, if a consumer perceives the trademark as a general description of the products and/or services, the trademark is not distinctive. Legally, a non-distinctive trademark is not a sign.
Bursa brand registration provides a monopoly for the use of the trademark for the given products and services. For example, if you assume a name for a general description, it will prevent others from using that description – which would not be fair. Therefore, a trademark must be distinctive.
For example, giving a name that represents bakery services for the word "baker" will surpass other bakers using the same word. Whereas the word simply describes the activities of a baker. However, 'XYZ' as a commercial name may be acceptable for a construction materials supplier.
Whether a trademark is distinctive is not a fixed criterion. Language and terminology change over time. A designation that was considered creative ten years ago may no longer be distinctive today.
The law specifies that in some cases we must reject a trademark application. If we reject a trademark, it cannot be entered into the Trademark Register. This means that there are no trademark rights and protection. The costs paid are non-refundable.
When initiating your trademark registration, please specify the relevant type of trademark. Most trademarks are word marks, pure figurative marks, or figurative marks with word elements. Other types include shape marks, color marks, and sound marks.
'pure' figurative mark: a logo or a label containing a figurative element that does not only consist of texts, letters, or shapes; 'figurative mark with word elements': provides protection for the sign as a whole. However, it does not constitute a separate registration for the word. 3. Shape mark In certain cases, the shape of a product or packaging can be a mark. Example: the shape of a special perfume bottle.
As part of the application procedure, you also indicate whether your trademark is an individual, collective, or certification mark.
An individual mark is a sign that distinguishes your product from another company's product or a company's services. Most trademarks are individual.
A collective mark is a sign used by members of an association. The association owns the collective mark, and it is used to show that the products or services carrying it are provided by a member of the association. It is typically a type of trademark used by producer associations, for example, a group of farmers from a specific region. A collective mark can serve as an indicator of geographical origin.
Certification marks indicate that the owner of the mark guarantees that the products or services bearing the mark have certain characteristics, such as being produced in a specific way or meeting specific quality criteria. In principle, any feature imaginable can be certified in this way, apart from the geographical origin of these products or services. Additionally, any business can have a certification mark as long as it does not supply the relevant products or services itself. As with collective marks, the regulations governing the use of the mark must be specified in the certification mark application.
A quick look at the differences between certification and collective marks Certification mark Collective mark The owner does not allow the marketing of the products and services themselves The owner must be an association or legal entity under public law. It serves to indicate that the products meet specific requirements It serves to indicate that a business that is a member of a specific organization provides the products or services. Geographical origin cannot be certified Can indicate a geographical origin If you are unsure whether your trademark is an individual, collective, or certification mark, please contact our Information Center.
An important step in applying for trademark registration is selecting the goods and services for which you want to use your trademark. This is called trademark classification.
Classification determines the scope of the monopoly you will have with your trademark. Therefore, your trademark right is only valid for the products and services you specify. So, choose carefully. Also, remember that you will need to use the trademark for the specified goods and services.
Trademark Classes The classification of a commercial trademark is done according to an international standard, namely the Nice Classification. It has a total of 45 categories (classes). You can choose one of these when applying for trademark registration.