Why Does Trademark Registration Matter? Process and Common Mistakes

Registering a trademark places one of your business's most valuable assets under legal protection. Marks used without registration can lead to serious loss of rights if registered by a third party.

Why Does Trademark Registration Matter?

The owner of a registered trademark has the right to bring an infringement action against unauthorised use, to request that customs authorities intercept infringing goods, and to license or assign the mark. Unregistered use, by contrast, is protected only by the limited provisions on unfair competition.

How Does the Registration Process Work?

The application is filed electronically with the Turkish Patent and Trademark Office. The Office first examines the application for formal requirements and absolute grounds for refusal; the application is then published, opening a period during which third parties may object. If no objection is filed, or objections are rejected, the trademark is registered.

Common Mistakes in Trademark Registration

The most frequent mistakes are selecting the wrong class of goods or services, attempting to register purely descriptive terms as a trademark, filing without researching the likelihood of confusion with earlier registered marks, and actual use of the mark not matching the scope of registration.

What Should Be Done After Registration?

A trademark risks cancellation if it goes unused for an uninterrupted period of five years, so documenting use (through invoices, advertising material, packaging, etc.) is important. As protection lasts for ten years, a renewal application must also be filed before the term expires.

If You Encounter Trademark Infringement

If you discover unauthorised use of your trademark, a cease-and-desist letter is usually sent first demanding that the use stop; if this proves ineffective, an action may be filed seeking a finding of infringement, an injunction and damages, with interim relief requested where necessary.

Practical Tips

Always have a similarity search carried out before filing a trademark application; this both reduces the risk of refusal and helps prevent an infringement dispute you might otherwise face later.

This article is for information purposes only and does not constitute legal advice. Contact our team about your specific situation.