Bursa Trademark Registration
What is a trademark?
Naturally, an entrepreneur will want to position their products or services in the market in the most appropriate way. You should use your trademark to protect brand awareness while promoting the unique features of your product or service. As Ajans Bulut, we quickly resolve the entire application process after conducting a free preliminary research with Bursa Trademark Registration services.
Trademark Protection
For this purpose, your trademark deserves protection. After all, you do not want your competitors to copy or misuse it. Once you officially register your trademark, it is legally protected.
Trademark Rules
The registration of your trademark is subject to legal rules. When you apply for trademark registration, we check whether your trademark complies with these rules. Otherwise, we must reject the registration. In this case, registration costs are not refundable. We check that your trademark complies with the rules by conducting a preliminary research in advance.
Trademark Objection
Please note that other parties may object to your application. This can happen when your trademark is identical or very similar to a previously registered trademark for the same or similar products and services. Therefore, check in advance that your trademark does not exist.
What is a trademark?
Only distinctive trademarks are liable for registration. What is important here is the overall impression that the trademark leaves on the public, both the word and (possibly) the visual elements. For example, if a consumer takes the trademark as a general description of the product and/or service, the trademark is not distinctive. Legally, a non-distinctive mark is not a sign.
Why Should a Trademark Be Distinctive?
A trademark registration provides a monopoly on the use of a trademark for a given product or service. For example, let’s say you have taken a name for a general description, this will allow you to prevent other parties from using that description – which would obviously be inappropriate. Therefore, a trademark must be distinctive.
For example: giving the word “baker” a name that refers to bakery services will prevent other bakers from using the word “baker”. Whereas the word simply describes the activities of a baker. However, the trade name ‘XYZ’ may be acceptable for a building materials supplier.
Whether a trademark is distinctive is not an immovable criterion. Language and terminology change over time. A designation that was considered creative ten years ago may no longer be distinctive today.
Can My Trademark Application Be Rejected?
The law states that in some cases we must reject a trademark application. If we reject a trademark, we cannot enter it on the Trademark registry. This means that the trademark rights and protection are not available. Costs paid are non-refundable.
Types of Trademarks
When you start your application for a trademark registration, please specify the type of trademark you are applying for. Most trademarks are word marks, pure figurative marks or figurative marks with word elements. Other types are shape marks, color marks and sound marks.
Word mark A word mark is a distinctive name for a product or service that is marketed. Example: the word ANGELICUS for beverages such as coffee, water.
Figurative mark There are two types of figurative marks:
‘pure’ figurative mark: a logo or label that contains only a figurative element without text, letters or shapes; ‘figurative mark with word element’: registrations provide protection for the mark as a whole. However, as such, it is not a separate registration of the word. 3. Shape mark In certain cases, the shape of a product or packaging can be a mark. Example: the shape of a particular perfume bottle.
Color mark If the public recognizes a product or service primarily by its color, a color or combination of colors can be registered as a mark. Example: the blue of CampingGas gas tanks or the blue of Bison glue.
Sound mark When some commercial jingles are heard, the public immediately knows what they mean. In such a case, a jingle can be registered as a mark. Example: Haribo candy.
Pattern mark A pattern mark is a trademark consisting solely of a series of elements that are repeated regularly (in a pattern).
Position mark A position mark is a trademark consisting of a particular way in which the mark is placed or borne on a product. Example: a red label on the trouser pocket of a pair of Levi’s jeans.
Motion mark A motion mark is a trademark consisting of or extending to a movement or change in the position of the mark elements. Example: a silent video
Multimedia mark A multimedia mark is a trademark consisting of or extending to a combination of image and sound. Example: a short video clip with sound.
Hologram mark A hologram mark is a trademark consisting of elements that have holographic properties.
Individual, Collective or Certification Mark?
As part of the application procedure, you will also indicate whether your trademark is an individual, collective or certification mark.
An individual mark is a mark that distinguishes the products or services of another company from those of another company. Most trademarks are individual.
A collective mark is a mark used by members of an association. The association owns the collective mark and the mark is used to show that the products or services bearing it are provided by a member of the association. It is typically the type of trademark used by producer associations, for example a group of farmers from a certain region. A collective mark can serve as an indication of geographical origin.
Certification marks indicate that the owner of the mark guarantees that the products or services bearing the mark have certain characteristics, for example that they are produced in a certain way or that they meet certain quality criteria. In principle, any conceivable characteristic can be certified in this way, apart from the geographical origin of these products or services. Furthermore, any business can have a certification mark, provided that it does not supply the relevant products or services itself. As with collective marks, the usage regulations governing the mark must be stated in the application for the certification mark.
Differences between certification and collective marks at a glance Certification mark Collective mark The owner does not allow the goods and services to be marketed by itself The owner must be an association or legal entity under public law. Serves to indicate that the products or services meet certain requirements Serves to indicate that the products or services are provided by a business that is a member of a specific organization. Geographical origin cannot be certified Can indicate a geographical origin If you are not sure whether your trademark is an individual, collective or certification mark, please contact our Information Center.
Which Class Should I Choose for My Trademark?
An important step in applying for your trademark registration is to choose the goods and services for which you want to use your trademark. This is called the classification of the trademark .
Classification Getting it with your trademark determines the extent of the monopoly. Therefore, your trademark right only applies to the goods and services you specify. So be careful which one you choose. Also, remember that you will need to use the trademark for the specified goods and services.
Trademark Classes The classification of a trademark is done according to an international standard, namely the Nice classification. This has a total of 45 categories (classes). You can choose one of these when applying for trademark registration.